Raymond Diaz and Surey Diaz v. Florida Peninsula Insurance Company

Petitioners Raymond and Surey Diaz (collectively “Diaz”) seek certiorari review 1 of an order abating their action against Florida Peninsula Insurance Company (“FPIC”) for breach of contract and declaratory judgment. We find that the trial court departed from the essential requirements of law in granting an abatement under the circumstances of this case. We therefore grant Diaz’s petition, quash the abatement order, and remand for further proceedings.

Diaz had a homeowner’s insurance policy through FPIC, which provided FPIC with a right to repair damaged property rather than make a cash…