CITIZENS PROPERTY V. DE LOS CUETOS
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Third District Court of Appeal State of Florida, July Term, A.D. 2011 Opinion filed October 26, 2011. ________________ No. 3D11-1512 Lower Tribunal No. 11-3020 ________________ Citizens Property Insurance Company, Appellant, vs. Luis De Los Cuetos, Appellee. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Gisela Cardonne Ely, Judge. DeMahy Labrador Drake Victor Payne & Cabeza and Orlando D. Cabeza and Rachel M. Coe (Fort Lauderdale), for appellant. Alvarez, Carbonell, Feltman, Jimenez & Gomez and Paul B. Feltman, for appellee. Before WELLS, C.J., and SUAREZ and FERNANDEZ, JJ. On Confession of Error SUAREZ, J. Based on the Appellee s proper confession of error and our own independent review of the record, we reverse the trial court s non-final order compelling appraisal and remand for an evidentiary hearing to determine whether post-loss obligations were sufficiently met under the policy. See Citizens Prop. Ins. Corp. v. Gutierrez, 59 So. 3d 177 (Fla. 3d DCA 2011); Citizens Prop. Ins. Corp. v. Mango Hill Condo. Ass n 12, 54 So. 3d 578 (Fla. 3d DCA 2011); Citizens Prop. Ins. Corp. v. Maytin, 51 So. 3d 591 (Fla. 3d DCA 2010); Citizens Prop. Ins. Corp. v. Galeria Villas Condo. Ass n, 48 So. 3d 188 (Fla. 3d DCA 2010). Reversed and remanded. 2
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