Opinion
Case No. 2D18-3789
03-25-2020
FLORIDA INSURANCE GUARANTY ASSOCIATION, Appellant, v. Jose VALDEZ and Carmen Valdez, Appellees.
Dorothy V. Difiore and Karen S. Shimonsky of Quintairos, Prieto, Wood & Boyer, Tampa, for Appellant. George A. Vaka and Kurt J. Rosales of Vaka Law Group, P.A., Tampa, for Appellees.
Dorothy V. Difiore and Karen S. Shimonsky of Quintairos, Prieto, Wood & Boyer, Tampa, for Appellant.
George A. Vaka and Kurt J. Rosales of Vaka Law Group, P.A., Tampa, for Appellees.
KELLY, Judge.
Florida Insurance Guaranty Association (FIGA) appeals an order awarding Jose and Carmen Valdez attorney's fees and costs in their action arising from a sinkhole claim. In the recent decision of Heid v. Florida Insurance Guaranty Ass'n, No. 2D18-737, 311 So.3d 94 (Fla. 2d DCA Mar. 6, 2020), this court held that the specific language of section 631.54(3)(c), Florida Statutes (2012), precludes an award of attorney's fees in connection with a claim for sinkhole damage involving FIGA. Id. at 98. Accordingly, we reverse. As in Heid, we certify the following question to the Florida Supreme Court as a matter of great public importance:
FIGA does not challenge the trial court's award of costs to the Valdezes.
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DOES THE LANGUAGE IN SECTION 631.54(3)(c) REGARDING ATTORNEY'S FEES IN CONNECTION WITH A SINKHOLE LOSS OPERATE TO PREVENT A SINKHOLE CLAIMANT FROM RECEIVING FEES FROM FIGA UNDER SECTION 631.70?
See id. at 99.
Reversed; question certified.
MORRIS and BADALAMENTI, JJ., Concur.