Wednesday, July 20, 2011

Third District Dismisses Certiorari Petition In Bad Faith Dispute On Procedural Grounds

In State Farm Florida Insurance Company v. Seville Place Condominium Association, Inc. (3D08-2538), the Third District released an en banc opinion on rehearing and withdrew THIS opinion released by a panel of judges on the court on October 14, 2009. The panel opinion was previously discussed HERE. The court held:
State Farm Florida Insurance Company seeks a writ of certiorari quashing circuit court orders that allowed Seville Place Condominium Association, Inc., to amend its complaint to add statutory and common law bad faith claims and a punitive damage claim before the entry of a final judgment on the policy-phase issues. We deny the writ—no irreparable injury has yet occurred—and issue this opinion to clarify the requirements for the exercise of our certiorari jurisdiction in such cases.
The court denied the petition on procedural grounds and not on the merits. Based upon its holding, the court stated:
To the extent that we previously have granted such a petition when irreparable harm seems possible rather than imminent, we recede from such decisions.
The opinions that the court receded from include: North Pointe Insurance Co. v. Tomas, 999 So. 2d 728 (Fla. 3d DCA 2008) [discussed HERE] and XL Specialty Ins. Co. v. Skystream, Inc., 988 So. 2d 96 (Fla. 3d DCA 2008).

Judge Salter wrote the panel opinion and the opinion for the en banc court. Judge Shepherd, who wrote a dissent to the panel opinion, wrote an opinion concurring with the en banc court's holding.


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