Citizens Property Insurance Corporation v. Diamantopulos

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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 CITIZENS PROPERTY INSURANCE CORPORATION, Petitioner, v. MARIO DIAMANTOPULOS and ARIE DIAMANTOPULOS, Respondents. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2D14-1006 Opinion filed October 15, 2014. Petition for Writ of Certiorari to the Circuit Court for Pasco County; Stanley R. Mills, Judge. Kara Berard Rockenbach and Lauren J. Smith of Methe & Rockenbach, P.A., West Palm Beach, for Petitioner. George A. Vaka and Nancy A. Lauten of Vaka Law Group; and Joseph E. Burnett and Marshall Thomas Burnett, Tampa, for Respondents. SLEET, Judge. Citizens Property Insurance Corporation ("Citizens") seeks certiorari review of the trial court's order sustaining Mario and Arie Diamantopulos' objection to Citizens' notice of automatic stay on the basis that Citizens waived its right to neutral evaluation. Citizens also seeks a writ of mandamus directing the trial court to stay the proceedings during neutral evaluation. For the reasons expressed in Citizens Property Insurance Corp. v. Trapeo, 136 So. 3d 670 (Fla. 2d DCA 2014), we grant the petition for writ of certiorari and quash the trial court's order to the extent that it prohibits Citizens from invoking the neutral evaluation process. We also grant the petition for writ of mandamus and direct the circuit court to stay the underlying proceedings pending completion of the neutral evaluation process. See Citizens Prop. Ins. Corp. v. King, 39 Fla. L. Weekly D1257 (Fla. 2d DCA June 13, 2014); Citizens Prop. Ins. Corp. v. Bellas, 39 Fla. L. Weekly D1159 (Fla. 2d DCA May 30, 2014); Citizens Prop. Ins. Corp. v. Hanos, 39 Fla. L. Weekly D577 (Fla. 2d DCA Mar. 19, 2014). Certiorari petition granted; order quashed; mandamus petition granted with directions. DAVIS, C.J., and WALLACE, J., Concur.

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