Opinion
CASE NO.: SC16-784
06-23-2017
Lower Tribunal No(s).: 2D14-3002; 2D14-5077; 532010CA004660000000
Upon review of the Respondent's response to this Court's Order to Show Cause dated January 26, 2017, and the reply, the Court has determined that it should accept jurisdiction in this case. It is ordered that the Petition for Review is granted, that the Second District Court of Appeal's decision in this case is quashed, and that this case is remanded for reconsideration in light of our decision in Sebo v. American Home Assurance Co., 208 So. 3d 694 (Fla. 2016).
No Motion for Rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
Petitioner's motion for attorney's fees is provisionally granted and is remanded to the trial court to determine the amount, conditioned on the party prevailing pursuant to applicable statutes, rules, and case law. LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur. A True Copy
Test: /s/_________
John A. Tomasino
Clerk, Supreme Court ca
Served: RAYMOND THOMAS ELLIGETT, JR.
KARA BERARD ROCKENBACH
ANDREW P. ROCK
KIMBLE CLARK BOUCHILLON
JONATHAN KARL THIELE
LAUREN J. SMITH
HON. STACY M. BUTTERFIELD, CLERK
HON. J. DALE DURRANCE, JUDGE
KAREN M. WALKER
HON. MARY BETH KUENZEL, CLERK