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RESTORATION I OF TREASURE v. FIRST

No. 4D14-2614.

152 So.3d 859 (2014)

RESTORATION I OF the TREASURE COAST, a/a/o Jay Dawley, Petitioner, v. FIRST PROTECTIVE INSURANCE COMPANY, d/b/a Frontline Homeowners Insurance, Respondent.

District Court of Appeal of Florida, Fourth District.

December 17, 2014.

Attorney(s) appearing for the Case

Susan W. Fox of Fox & Loquasto, P.A., Orlando, and Bethany L. Schonsheck of Cohen Battisti, Winter Park, for petitioner.

Keith E. Hope and Phillip J. Sheehe of Sheehe & Associates, P.A., Miami, for respondent.

The petition for second-tier certiorari review is granted. In affirming the county court's dismissal of the action, the circuit court applied the "tipsy coachman" rule and reasoned that the petition should have been dismissed for failure to attach a copy of the insurance policy to the complaint as required under Florida Rule of Civil Procedure...

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