Third District Court of Appeal in Miami, FL. (Credit: Candace West)
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.
