Sunshine State Insurance Company v. Benjamin

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT SUNSHINE STATE INSURANCE COMPANY, Petitioner, v. PHANEZE BENJAMIN and CARLA BENJAMIN, Respondents. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2D11-3446 Opinion filed July 11, 2012. Petition for Writ of Certiorari to the Circuit Court for Hillsborough County; James D. Arnold, Judge. Steven G. Schwartz and David J. Pascuzzi of Schwartz Law Group, Boca Raton, for Petitioner. Raymond T. Elligett, Jr., of Buell & Elligett, P.A., Tampa; and Matthew R. Danahy and Kimberly E. Low of Danahy & Murray, P.A., for Respondents. CRENSHAW, Judge. Sunshine State Insurance Company (Sunshine State) petitions this court for certiorari review of the circuit court's nonfinal order ruling that section 627.7074, Florida Statutes (2010), is unconstitutional and denying Sunshine State's motion to compel a neutral evaluation of homeowners Phaneze and Carla Benjamins' sinkhole claim. As we discuss in greater detail in State Farm Insurance Co. v. Buitrago, No. 2D11-4509 (Fla. 2d DCA June 29, 2012), we conclude the statute is not unconstitutional, and thus the circuit court departed from the essential requirements of law by finding section 627.7074 unconstitutional. Accordingly, we grant the petition and quash the circuit court's order. The case is hereby remanded for further proceedings consistent with this opinion. Petition granted. WALLACE and MORRIS, JJ., Concur. -2-

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