39 Fla. L. Weekly D577a
161 So. 3d 424
Insurance — Homeowners — Sinkhole damage — Trial court improperly denied stay of breach of contract action pending completion of neutral evaluation process
CITIZENS PROPERTY INSURANCE CORPORATION, a Florida government entity, Petitioner, v. REBECCA HANOS, Respondent. 2nd District. Case No. 2D13-3872. Opinion filed March 19, 2014. Petition for Writ of Certiorari to the Circuit Court for Pasco County; Stanley R. Mills, Judge. Counsel: Kara Berard Rockenbach of Methe & Rockenbach, P.A., West Palm Beach, and Aram P. Megerian of Cole, Scott & Kissane, P.A., Tampa, for Petitioner. George Vaka and Nancy A. Lauten of Vaka Law Group, Tampa, for Respondent.
(DAVIS, Chief Judge.) Citizens Property Insurance Corporation seeks certiorari review of the trial court’s order denying its request for an automatic stay pursuant to section 627.7074(10), Florida Statutes, in the breach of contract action brought against Citizens by Rebecca Hanos.
That underlying action stems from a dispute between the parties over repairs made to Hanos’ home after sinkhole damage was discovered. Prior to trial, Citizens invoked the neutral evaluation process outlined in section 627.7074 and filed a notice of automatic stay pursuant to subsection (10) of the statute. The trial court then entered an order denying Citizens’ “request” for a stay.
To the extent that order prohibits Citizens from invoking the neutral evaluation process, we grant the petition and quash the order. See Citizens Prop. Ins. Corp. v. Trapeo, 2D13-2078, 2014 WL 340670 (Fla. 2d DCA Jan. 31, 2014) [39 Fla. L. Weekly D245a]; Citizens Prop. Ins. Corp. v. Finley, 2D13-3445, 2014 WL 340668 (Fla. 2d DCA Jan. 31, 2014) [39 Fla. L. Weekly D248a]. Furthermore, we treat the remaining portion of Citizens’ petition before this court — the portion that challenges the trial court’s refusal to enter the automatic stay — as a petition for writ of mandamus and grant the petition. The trial court is directed to stay the underlying proceedings pending the completion of the neutral evaluation as required by section 627.7074(10).
Certiorari petition granted; order quashed; mandamus petition granted with directions. (NORTHCUTT and MORRIS, JJ., Concur.)
