5D09-1641 Citizens v. Garfinkel

State: Florida

Court: Florida Fifth District Court

Docket No: 5D09-1641

Case Date: 12/14/2009

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2009

CITIZENS PROPERTY INSURANCE CORPORATION, Petitioner, v. ALAN B. GARFINKEL, Respondent. ________________________________/ Opinion filed December 18, 2009 Petition for Writ of Prohibition, Raul A. Zambrano, Respondent Judge. Anthony J. Russo of Butler, Pappas Weihmuller Katz Craig LLP, Tampa, and Kathy J. Maus and Gina G. Smith, Tallahassee, for Petitioner. Mayanne Downs and Kimberly D. Healy of King, Blackwell, Downs & Zehnder, P.A., Orlando, for Respondent. Case No. 5D09-1641

MONACO, C.J. The petitioner, Citizens Property Insurance Corporation, seeks a writ of prohibition directed to the trial court to prevent the court from taking any further action with respect to a first-party bad faith claim brought by the respondent, Alan B. Garfinkel. This case came to a head when the trial court denied Citizens' motion to dismiss, and later entered an order requiring Citizens to produce its attorneys for depositions, and compelling it to produce its claims files and certain other documents for an in camera

inspection. Because section 627.351(6)(r), Florida Statutes (2008), immunizes Citizens from bad faith claims, we grant the writ. This court is empowered by the Florida Constitution to issue writs of prohibition. See Art. V,

Download 5D09-1641 Citizens v. Garfinkel.pdf