ARIEL SYNDICATE 1901 v. FOUNTAINBLEAU GARDENS CONDOMINIUM ASSOCIATION, INC. ( 2021 )


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  •        Third District Court of Appeal
    State of Florida
    Opinion filed September 22, 2021.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D20-1951
    Lower Tribunal No. 19-15181
    ________________
    Ariel Syndicate 1901,
    Appellant,
    vs.
    Fountainbleau Gardens Condominium Association, Inc.,
    Appellee.
    An appeal from a non-final order from the Circuit Court for Miami-Dade
    County, Jose M. Rodriguez, Judge.
    Berk, Merchant & Sims, PLC, and Patrick E. Betar, Melissa M. Sims,
    and Jonathan D. Tobin, for appellant.
    Alvarez, Feltman, Da Silva & Costa, P.L., and Paul B. Feltman, and
    Brian C. Costa, for appellee.
    Before SCALES, HENDON, and MILLER, JJ.
    PER CURIAM.
    Affirmed. See Sunshine State Ins. Co. v. Rawlins, 
    34 So. 3d 753
    , 755
    (Fla. 3d DCA 2010) (finding “[t]he trial court did not abuse its discretion in
    allowing the appraisal to go forward on a dual track basis, while preserving
    all of [appellant]’s rights to contest coverage”); Paradise Plaza Condo. Ass’n,
    Inc. v. Reinsurance Corp. of N.Y., 
    685 So. 2d 937
    , 941 (Fla. 3d DCA 1996)
    (holding that “the order in which the issues of damages and coverage are to
    be determined respectively by arbitration and the court should be left within
    the discretion of the trial judge”).
    2
    

Document Info

Docket Number: 20-1951

Filed Date: 9/22/2021

Precedential Status: Precedential

Modified Date: 9/22/2021