Sinkhole Damages and Repair Contractor
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