HERITAGE PROPERTY AND CASUALTY INSURANCE COMPANY v. SAMARI LAKES EAST CONDO ASSOCIATION INC (2021)

District Court of Appeal of Florida, Third District.

HERITAGE PROPERTY AND CASUALTY INSURANCE COMPANY, Appellant(s)/Petitioner(s), v. SAMARI LAKES EAST CONDO ASSOCIATION, INC., Appellee(s)/Respondent(s).

CASE NO.: 3D21-1996

Decided: December 10, 2021

Upon careful consideration, the Court denies the Petition for Writ of Prohibition. See Sands Point Ocean Beach v. Aelion, 251 So. 3d 950, 955-56 (Fla. 3d DCA 2018) (“ ․ a campaign contribution to a judge or service on a judge's campaign committee does not, without more, require disqualification ․ Instead, allegations in such a case must indicate a ‘specific and substantial political relationship’ (campaign chair or treasurer, for example) between the attorney and judge to constitute legally sufficient grounds for disqualification.”) (internal citations omitted).

The Court denies, as moot, Respondent's December 3, 2021, Motion to Dismiss Petition for Writ of Prohibition or, in the alternative, to Consolidate with the Plenary Appeal.

Petitioner's Response to Respondent's Motion for Order Determining Entitlement to Appellate Attorneys’ Fees is noted.

Respondent's Motion for Order Determining Entitlement to Appellate Attorneys’ Fees is granted, conditioned upon Respondent ultimately obtaining a final judgment against Petitioner. Accordingly, this matter is remanded to the trial court.

LOGUE, SCALES and LINDSEY, JJ., concur.

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