Citizens Property Insurance Corp. v. Walden
Citizens sought certiorari review of an order denying its motion to dismiss an insured's amended complaint for failure to give the presuit notice required by section 627.70152. The Third DCA held, as a matter of first impression, that certiorari review is available for orders denying dismissal based on noncompliance with section 627.70152's presuit notice, analogizing to chapter 766 medical malpractice presuit cases, and quashed the order because the insured's 'declaratory judgment' pleading was in substance a first-party breach of contract claim.
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