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AMERICAN CAPITAL v. LEEWARD BAY AT TARPON

Case No. 2D20-165.

306 So.3d 1238 (2020)

AMERICAN CAPITAL ASSURANCE CORPORATION, Appellant, v. LEEWARD BAY AT TARPON BAY CONDOMINIUM ASSOCIATION, INC. Appellee.

District Court of Appeal of Florida, Second District.

Opinion filed November 4, 2020.

Attorney(s) appearing for the Case

Patrick E. Betar , Evelyn M. Merchant , and Andrew S. Genden of Berk, Merchant & Sims, PLC, for Appellant.

Cary J. Goggin and Amanda Broadwell of Goede, Adamczyk, DeBoest & Cross, PLLC, Naples, for Appellee.

American Capital Assurance Corporation appeals a nonfinal order compelling appraisal and staying the proceedings in favor of Leeward Bay at Tarpon Bay Condominium Association, Inc. We have jurisdiction. See Fla. R. App. P. 9.130(a)(3)(C)(iv). Because the gravamen of American Capital's defense was amount of loss...

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