FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. v. Messina

ON MOTION FOR REHEARING

The motion for rehearing filed by appellant, Florida Insurance Guaranty Association, Inc. (FIGA), is denied. Both Florida Insurance Guaranty Ass’n v. Smothers, 65 So.3d 541 (Fla. 4th DCA 2011) and Florida Insurance Guaranty Ass’n v. Ehrlich, — So.3d -, 2011 WL 1661386, 36 Fla. L. Weekly D939 (Fla. 4th DCA May 4, 2011) are distinguishable. In Smothers, FIGA filed a demand for an appraisal, not an answer and affirmative defenses. In Ehrlich, the court compelled an answer and affirmative defenses, when FIGA sought additional extensions. In this case, FIGA filed an answer…