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GRAY MART, INC. v. FIREMAN'S FUND INS.

No. 97-657.

703 So.2d 1170 (1997)

GRAY MART, INC., a Florida corporation, Appellant, v. FIREMAN'S FUND INSURANCE COMPANY, a California corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 28, 1998.

Attorney(s) appearing for the Case

Ginsberg & Schwartz and Sams & Martin, and Todd R. Schwartz, Miami, for appellant.

Heidi M. Roth, Coral Gables, for appellee.

Before LEVY and GREEN, JJ., and BARKDULL, Senior Judge.

PER CURIAM.

This is an appeal from a non-final order granting a demand for an appraisal and a stay of the proceedings below. On this appeal, appellant, Gray Mart, Inc. ("Gray Mart"), asserts that appellee, Fireman's Fund Insurance Company ("Fireman's Fund"), waived its right to an appraisal by actively and aggressively litigating this cause for over fourteen months and not demanding an appraisal until approximately one month prior to the scheduled trial of this cause...

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