45 Fla. L. Weekly D730a
Insurance — Attorney’s fees — Sinkhole claims — Statute precludes award of attorney’s fees in connection with claim for sinkhole damage involving Florida Insurance Guaranty Association — Question certified: Does the language in section 631.54(3)(c) regarding attorney’s fees in connection with a sinkhole loss operate to prevent a sinkhole claimant from receiving fees from FIGA under section 631.70?
FLORIDA INSURANCE GUARANTY ASSOCIATION, Appellant, v. JOSE VALDEZ and CARMEN VALDEZ, Appellees. 2nd District. Case No. 2D18-3789. March 25, 2020. Appeal from the Circuit Court for Pasco County; Linda H. Babb, Judge. Counsel: Dorothy V. Difiore and Karen S. Shimonsky of Quintairos, Prieto, Wood & Boyer, Tampa, for Appellant. George A. Vaka and Kurt J. Rosales of Vaka Law Group, P.A., Tampa, for Appellees.
(KELLY, Judge.) Florida Insurance Guaranty Association (FIGA) appeals an order awarding Jose and Carmen Valdez attorney’s fees and costs in their action arising from a sinkhole claim.1 In the recent decision of Heid v. Florida Insurance Guaranty Ass’n, No. 2D18-737, 2020 WL 1070948 (Fla. 2d DCA Mar. 6, 2020), this court held that the specific language of section 631.54(3)(c), Florida Statutes (2012), precludes an award of attorney’s fees in connection with a claim for sinkhole damage involving FIGA. Id. at *3. Accordingly, we reverse. As in Heid, we certify the following question to the Florida Supreme Court as a matter of great public importance:
DOES THE LANGUAGE IN SECTION 631.54(3)(c) REGARDING ATTORNEY’S FEES IN CONNECTION WITH A SINKHOLE LOSS OPERATE TO PREVENT A SINKHOLE CLAIMANT FROM RECEIVING FEES FROM FIGA UNDER SECTION 631.70?
See id. at *4.
Reversed; question certified. (MORRIS and BADALAMENTI, JJ., Concur.)
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1FIGA does not challenge the trial court’s award of costs to the Valdezes.
