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CITIZENS PROPERTY INS. v. SCYLLA PROPERTIES

No. 1D05-3480.

946 So.2d 1179 (2006)

CITIZENS PROPERTY INSURANCE CORPORATION, Appellant/Cross-Appellee, v. SCYLLA PROPERTIES, LLC & William D. Clark, Jr., on their behalves and on behalf of others similarly situated, Appellees/Cross-Appellants.

District Court of Appeal of Florida, First District.

December 21, 2006.

Attorney(s) appearing for the Case

Barry Richard of Greenberg Traurig, P.A., Tallahassee, Elliot H. Scherker, and Elliot B. Kula of Greenberg Traurig, P.A., Miami, for Appellant/Cross-Appellee.

Elizabeth K. Russo of Russo Appellate Firm, P.A., Miami, for Amicus Curiae, State Farm Florida Insurance Company and the National Association of Mutual Insurance Companies.

Elizabeth McArthur, David A. Yon, and Travis L. Miller of Radey, Thomas, Yon & Clark, P.A., Tallahassee, and J. Stephen Zielezienski, Vice President and Associate General Counsel of American Insurance Association, Washington, D.C., for Amicus Curiae, American Insurance Association.

Stuart R. Michelson and Ilene L. Michelson of the Law Office of Stuart R. Michelson, Fort Lauderdale, Scott C. Maddox of Maddox Horne, PLLC, Tallahassee, and John Beranek of Ausley & McMullen, Tallahassee, for Appellees/Cross-Appellants.

Stephen A. Marino, Jr. of Ver Ploeg & Lumpkin, P.A., Miami, Amicus Curiae, Academy of Florida Trial Lawyers.

Charles F. Beall, Jr. of Moore, Hill & Westmoreland, P.A., Pensacola, Amicus Curiae, Helping Hands Legal Center.

BENTON, J.

Citizens Property Insurance Corporation (Citizens) appeals partial final money judgments and the final declaratory judgment entered against it in a class action. The declaratory judgment declares Citizens liable for policy limits under Florida's Valued Policy Law (VPL) in cases where property it insured was a total loss. The money judgments against it for policy limits are in favor of two class members. Because these final judgments were entered while an...

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