14 Fla. L. Weekly Supp. 1118b

Insurance — Homeowners — Motion to dismiss complaint for failure to state cause of action or to abate to appraisal denied

JAMES SOKOLOWSKI and ANITA SOKOLOWSKI, Individually, Plaintiffs, vs. CITIZENS PROPERTY INSURANCE CORPORATION, a Florida corporation authorized and doing business in Florida, Defendant. Circuit Court, 15th Judicial Circuit in and for Palm Beach County. Case No. 2007 CA 006227 DIV-AH. August 27, 2007. Edward H. Fine, Judge. Counsel: J. Douglas Brown, III, GrayRobinson, P.A., Orlando. Dennis D. Bailey, Garfinkel Trial Group, Maitland.

ORDER

THIS CAUSE, having come before the Court on Defendant, CITIZENS PROPERTY INSURANCE CORPORATION’S, Motion to Dismiss Plaintiffs’ Complaint for Failure to State a Cause of Action or, Alternatively, Motion to Abate to Appraisal, and the Court having reviewed the pleadings and having heard the argument of counsel, hereby ORDERS AND ADJUDGES as follows:

1. Defendant, CITIZENS PROPERTY INSURANCE CORPORATION’S Motion to Dismiss Plaintiffs’ Complaint for Failure to State a Cause of Action as to Count I, Breach of Contract, is hereby DENIED.

2. Defendant, CITIZENS PROPERTY INSURANCE CORPORATION’S Motion to Dismiss Plaintiffs’ Complaint far Failure to State a Cause of Action as to Count II, Declaratory Judgment, is hereby DENIED.

3. Defendant, CITIZENS PROPERTY INSURANCE CORPORATION’S Motion to Abate the instant cause of action is hereby DENIED.

4. Plaintiff shall voluntarily dismiss Count III of the Complaint within the next ten (10) days.