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CITIZENS PROPERTY INS. CORP. v. TRAPEO

No. 2D13-2078.

136 So.3d 670 (2014)

CITIZENS PROPERTY INSURANCE CORPORATION, a Florida government entity, Petitioner, v. Gary TRAPEO, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 1, 2014.

Attorney(s) appearing for the Case

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

Amy S. Farrior and Raymond T. Elligett, Jr. of Buell & Elligett, P.A., Tampa; and Michael A. Giasi and Matthew R. Danahy of Danahy & Murray, P.A., Tampa, for Respondent.

BLACK, Judge.

Citizens Property Insurance Corporation ("Citizens") seeks certiorari review of the trial court's order denying it a stay pending neutral evaluation of the sinkhole claim that forms the basis for the underlying lawsuit. Citizens argues that the statute governing neutral evaluation mandates a stay of court proceedings and that the statutory right to neutral evaluation cannot be waived by participating in litigation. Based on the nature of the order on...

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