Florida Insurance Guaranty Ass'n Ex Rel. Homewise Preferred Insurance Co. v. Waters

SILBERMAN, Judge.

Florida Insurance Guaranty Association, Inc. (FIGA), appeals a nonfinal order that compels an appraisal for Darlene Waters’ sinkhole claim. Based on this court’s recent decision in Florida Insurance Guaranty Ass’n v. de la Fuente, — So.3d —, 2015 WL 72273, 40 Fla. L. Weekly D123 (Fla. 2d DCA Jan. 7, 2015), we conclude that the trial court erred in determining that Waters was entitled to an appraisal under her insurance policy. And, even if Waters had a right to an appraisal, she waived any right she had by taking action inconsistent with that right by actively litigating the…