AMERICAN CAPITAL ASSURANCE CORPORATION v. PALMETTO DUNES AT PELICAN SOUND CONDOMINIUM ASSOCIATION INC (2021)

District Court of Appeal of Florida, Second District.

AMERICAN CAPITAL ASSURANCE CORPORATION, Appellant, v. PALMETTO DUNES AT PELICAN SOUND CONDOMINIUM ASSOCIATION, INC., Appellee.

Case No. 2D20-2331

Decided: March 10, 2021

Michael A. Monteverde and Kali Lauren Sinclair of Zinober Diana & Monteverde, P.A., Fort Lauderdale, for Appellant. Cary J. Goggin and Amanda Broadwell of Goede, Adamczyk, DeBoest & Cross, PLLC, Naples, for Appellee.

Affirmed. See Am. Cap. Assurance Corp. v. Leeward Bay at Tarpon Bay Condo. Ass'n, 306 So. 3d 1238 (Fla. 2d DCA 2020); see also Am. Cap. Assurance Corp. v. Cayman I at Tarpon Bay Condo. Ass'n, 46 Fla. L. Weekly D221 (Fla. 2d DCA Jan. 22, 2021); Villagio at Estero Condo. Ass'n v. Am. Cap. Assurance Corp., ––– So.3d ––––, 2021 WL 193487, 46 Fla. L. Weekly D193 (Fla. 2d DCA Jan. 20, 2021). As this court did in Leeward Bay and Cayman I, we certify conflict with Citizens Property Insurance Corp. v. Demetrescu, 137 So. 3d 500, 502-03 (Fla. 4th DCA 2014), Citizens Property Insurance Corp. v. Michigan Condominium Ass'n, 46 So. 3d 177, 178 (Fla. 4th DCA 2010), and Sunshine State Insurance Co. v. Corridori, 28 So. 3d 129, 131 (Fla. 4th DCA 2010).

Affirmed; conflict certified.

PER CURIAM.

NORTHCUTT, MORRIS, and SMITH, JJ., Concur.

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