Duffau v. Tower Hill

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED JUAN DUFFAU AND ONELIA DUFFAU, ET AL., Appellants, v. Case No. 5D13-4259 TOWER HILL PRIME INSURANCE COMPANY, Appellee. ________________________________/ Opinion filed February 6, 2015 Appeal from the Circuit Court for Marion County, Jack Singbush, Judge. Lee D. Gunn, IV, and Scott A. Arthur, of Gunn Law Group, P.A., Tampa, for Appellant. Carol M. Rooney, and Jared M. Krukar, of Butler Pappas Weihmuller Katz Craig, LLP Tampa, for Appellee. PER CURIAM. We reverse the lower court’s judgment and the order upon which it was based. Caidin v. Lakow, 546 So. 2d 788 (Fla. 3d DCA 1989); Connelly v. Old Bridge Village CoOp, Inc., 915 So. 2d 652, 655-56 (Fla. 2d DCA 2005); Widmer v. Caldwell, 714 So. 2d 1128 (Fla. 1st DCA 1998); Wapnick v. State Farm Mut. Auto. Ins. Co., 54 So. 3d 1065 (Fla. 4th DCA 2011); State Farm Mut. Auto. Ins. Co. v. Curran, 83 So. 3d 793 (Fla. 5th DCA 2011); Whistler’s Park v. Fla. Ins. Guar., etc., 90 So. 3d 841 (Fla. 5th DCA 2012); Allstate Floridian Ins. Co. v. Farmer, 104 So. 3d 1242 (Fla. 5th DCA 2012). REVERSED. TORPY, C.J., PLEUS, R.J., Senior Judge, and SWANSON, R., Associate Judge, concur. 2

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