Third District Court of Appeal in Miami, FL. (Credit: Candace West) 'Assault on Stability and Predictability in the Law': Third DCA Certifies Insurance Action to Florida Supreme Court
"Every bit of the 19 pages was supporting an insurance company's ability to rely upon the presumption of prejudice that has historically existed," said Kimberly Fernandes, a partner at Kelley Kronenberg.
January 03, 2024 at 03:23 PM
4 minute read
The Third District Court of Appeal certified a conflict to the Florida Supreme Court Wednesday in a first-party insurance case in which adopting the Fourth District Court of Appeal's holding "would be akin to taking a U-turn while driving at full speed, without so much as tapping on the brakes."
Kimberly Fernandes, a partner at Kelley Kronenberg in its Tallahassee office, represents the defendant, the appellee Citizen Property Insurance Co., whom Miami-Dade Circuit Judge Pedro ruled in favor of in a final summary judgment order affirmed by the Third DCA which was adverse to the plaintiff-appellants, Mario and Marlene Arce.
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