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ELLIE'S 50'S DINER v. CITIZENS PROPERTY

No. 4D09-1768.

54 So.3d 1081 (2011)

ELLIE'S 50'S DINER, INC., Appellant, v. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee.

District Court of Appeal of Florida, Fourth District.

March 2, 2011.

Attorney(s) appearing for the Case

Nancy W. Gregoire of Kirschbaum, Birnbaum, Lippman & Gregoire, PLLC, Fort Lauderdale, and Peter G. Walsh of Stabinski & Funt, P.A., Miami, for appellant.

Kara Berard Rockenbach and Kristi L. Bergemann of Methe & Rockenbach, P.A., West Palm Beach, for appellee.

CIKLIN, J.

Ellie's 50's Diner, Inc. ("Ellie's") appeals the denial of a motion for prejudgment interest in its action against Citizens Property Insurance Corporation ("Citizens"). We affirm because the insurance policy provisions allotted Citizens thirty days within which to pay any appraisal award and Citizens made payment within the prescribed time period.

Ellie's was insured by Citizens when its property was damaged by Hurricane Wilma in October 2005. Ellie...

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