Sinkhole Damages and Repair Contractor

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Pena v. Citizens Property Insurance Co., 37 Fla. L. Weekly D946a, Case No. 2D10-2397, filed on April 25, 2012. Trial court’s dismissal of homeowners’ claim against insurer for sinkhole damages with prejudice due to fraudulent affidavits regarding compliance with the condition precedent that a contractor be hired prior to suit to perform repairs, was reversed and remanded for entry of a dismissal with leave to amend, or alternatively for abatement until a contractor has been hired for repairs, but on condition that the insurer could recover fees and costs as a sanction award for the homeowners’ fraud.



Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
(813) 579-3278
www.trentcotney.com

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