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Waterview Condominium Ass'n v. Citizens Property Insurance Corp.

Citations: 225 So. 3d 919; 2017 WL 3400838Docket: Nos. 3D15-1760 & 3D15-2088

Court: District Court of Appeal of Florida; August 9, 2017; Florida; State Appellate Court

Narrative Opinion Summary

Appellant Waterview Condominium Association, Inc. appeals a final judgment favoring Citizens Property Insurance Corporation regarding a property damage claim stemming from Hurricane Wilma. The appellate court affirms this final judgment. Citizens cross-appeals the trial court's denial of its claim for attorney's fees; however, this denial is also affirmed, with the court finding the general release linked to the proposal for settlement to be ambiguous. Additionally, both parties' motions for appellate attorney’s fees are denied. The court's decisions are thus affirmed in all respects.

Legal Issues Addressed

Affirmation of Final Judgment

Application: The appellate court upheld the decision of the lower court in favor of Citizens Property Insurance Corporation regarding the property damage claim.

Reasoning: The appellate court affirms this final judgment.

Ambiguity in Settlement Agreements

Application: The court found the general release associated with the settlement proposal ambiguous, leading to the affirmation of the denial of attorney's fees to Citizens.

Reasoning: Citizens cross-appeals the trial court's denial of its claim for attorney's fees; however, this denial is also affirmed, with the court finding the general release linked to the proposal for settlement to be ambiguous.

Denial of Appellate Attorney’s Fees

Application: Both parties' requests for appellate attorney's fees were denied, maintaining the decisions of the lower court.

Reasoning: Additionally, both parties' motions for appellate attorney’s fees are denied.