People's Trust Insurance Company v. Michael Abreu and Jessica Abreu
CourtDistrict Court of Appeal of Florida
Date FiledJune 3, 2020
Docket3D19-1242
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed June 3, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-1242
Lower Tribunal No. 18-20599
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People’s Trust Insurance Company,
Appellant,
vs.
Michael Abreu and Jessica Abreu,
Appellees.
An appeal from a nonfinal order from the Circuit Court for Miami-Dade
County, Thomas J. Rebull, Judge.
Bazinsky, Korman & Baker, P.A., and Catherine Galvis, and Stephen W.
Bazinsky (Plantation), for appellant.
Tirado-Luciano & Tirado, and Monica Tirado, for appellees.
Before EMAS, C.J., and SALTER, and MILLER, JJ.
PER CURIAM.
Affirmed. See Preferred Mut. Ins. Co. v. Martinez, 643 So. 2d 1101, 1102
(Fla. 3d DCA 1994) (“Several courts have construed appraisal provisions in
insurance policies and have treated these provisions as arbitration provisions.”)
(citations omitted); see also Best v. Educ. Affiliates, Inc., 82 So. 3d 143, 146 (Fla.
4th DCA 2012) (“When there is a question of the validity of the . . . agreement, the
court must find that a valid . . . agreement exists.”); Operis Grp., Corp. v. E.I. at
Doral, LLC, 973 So. 2d 485, 488 (Fla. 3d DCA 2007) (“[C]hallenges specifically
[to] the validity of the agreement to [appraisal] . . . are to be decided by the court.”)
(citations omitted); Houchins v. King Motor Co. of Fort Lauderdale, Inc., 906 So.
2d 325, 329 (Fla. 4th DCA 2005) (“Where the evidence is undisputed, no evidentiary
hearing is necessary. However, here the evidence was disputed as to the validity of
the . . . agreement[] . . . and therefore an evidentiary hearing was required.”);
Wrightson v. ITT Fin. Servs., 617 So. 2d 334, 336 (Fla. 1st DCA 1993) (“In order
to grant the . . . motion to compel [appraisal] the trial court would have had to find
under ordinary summary judgment standards that no substantial question of fact
existed as to the validity of the . . . agreement[].”).
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