Opinion
Case No. 2D11-3446
07-11-2012
SUNSHINE STATE INSURANCE COMPANY, Petitioner, v. PHANEZE BENJAMIN and CARLA BENJAMIN, Respondents.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
Petition for Writ of Certiorari to the Circuit
Court for Hillsborough County; James D.
Arnold, Judge.
Steven G. Schwartz and David J. Pascuzzi
of Schwartz Law Group, Boca Raton, for
Petitioner.
Raymond T. Elligett, Jr., of Buell & Elligett,
P.A., Tampa; and Matthew R. Danahy and
Kimberly E. Low of Danahy & Murray, P.A.,
for Respondents.
CRENSHAW, Judge.
Sunshine State Insurance Company (Sunshine State) petitions this court for certiorari review of the circuit court's nonfinal order ruling that section 627.7074, Florida Statutes (2010), is unconstitutional and denying Sunshine State's motion to compel a neutral evaluation of homeowners Phaneze and Carla Benjamins' sinkhole claim. As we discuss in greater detail in State Farm Insurance Co. v. Buitrago, No. 2D11-4509 (Fla. 2d DCA June 29, 2012), we conclude the statute is not unconstitutional, and thus the circuit court departed from the essential requirements of law by finding section 627.7074 unconstitutional. Accordingly, we grant the petition and quash the circuit court's order. The case is hereby remanded for further proceedings consistent with this opinion.
Petition granted. WALLACE and MORRIS, JJ., Concur.