41 Fla. L. Weekly D1436e
193 So. 3d 1084

Insurance — Homeowners — Sinkhole claim — Error to award money damages for subsurface repairs without requiring insured to enter into contract for those repairs consistent with jury verdict

CITIZENS PROPERTY INSURANCE CORP., Appellant, v. BAMBI RETZ, Appellee. 2nd District. Case No. 2D14-5856. Opinion filed June 17, 2016. Appeal from the Circuit Court for Pasco County; Stanley R. Mills, Judge. Counsel: Kara Berard Rockenbach of Methe & Rockenbach, P.A., West Palm Beach, and Michael D. Rueland and Autumn P. George of Galloway, Johnson, Tompkins, Burr & Smith, PLC, Tampa, for Appellant. Raymond T. Elligett, Jr. of Buell & Elligett, P.A., Tampa, and Andrew M. Bragg of Morgan & Morgan, P.A., Tampa, for Appellee.

(CASE, JAMES R., Associate Senior Judge.) Citizens Property Insurance Corporation (Citizens) appeals a final judgment for money damages entered in favor of its insureds, Richard and Bambi Retz,¹ who filed suit under their homeowners insurance policy when Citizens refused to pay the losses caused by sinkhole damage. We reverse the final judgment to the extent that it awarded money damages for subsurface repairs without requiring Retz to enter into a contract for those repairs consistent with the jury verdict. See Citizens Prop. Ins. Corp. v. Simoneau, 41 Fla. L. Weekly D918, 918-19 (Fla. 2d DCA Apr. 13, 2016); Citizens Prop. Ins. Corp. v. Blaha, 41 Fla. L. Weekly D885, 887 (Fla. 2d DCA Apr. 8, 2016). We affirm the final judgment in all other respects.

Affirmed in part, reversed in part, and remanded. (LaROSE and BADALAMENTI, JJ., Concur.)

__________________

¹Richard Retz died during the pendency of this action in the trial court.