Cruz v. Cooperativa de Seguros Multiples de Puerto Rico, Inc.
76 So. 3d 394
Fla. Dist. Ct. App.2011Background
- Francisco Cruz and Niurka Chirino (Homeowners) sued their insurer Cooperativa de Seguros Multiples de Puerto Rico, Inc. over a sinkhole claim.
- Cooperativa invoked the neutral evaluation procedure under § 627.7074 to resolve the disputed claim.
- § 627.7074(11) requires a stay of any court proceeding related to the neutral evaluation until it is completed.
- The Department of Financial Services provides a list of certified neutral evaluators; parties select, or the department appoints one if they cannot agree, with a 45‑day conference window.
- The Homeowners rejected five proposed neutral evaluators and argued the stay should not apply because neutral evaluation would not finish within 45 days.
- The trial court granted the stay; Homeowners sought certiorari and an alternative mandamus petition alleging constitutional flaws in the stay provision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Certiorari viability for irreparable harm | Homeowners contend irreparable harm from delay justifies certiorari. | Cooperativa argues delay is routine and not irreparable harm. | Petition dismissed for lack of irreparable harm. |
| Constitutionality of stay under separation of powers | Homeowners claim § 627.7074(11) usurps Supreme Court rulemaking. | Cooperativa argues stay is intertwined with substantive provisions and valid. | Mandamus petition denied; stay provision upheld as intertwined with substantive provisions. |
Key Cases Cited
- Jaye v. Royal Saxon, Inc., 720 So.2d 214 (Fla.1998) (irreparable harm required for certiorari)
- Parkway Bank v. Fort Myers Armature Works, Inc., 658 So.2d 646 (Fla. 2d DCA 1995) (time, expense alone insufficient for certiorari)
- DeLoach v. Aird, 989 So.2d 652 (Fla. 2d DCA 2007) (delay and cost insufficient to obtain certiorari)
- Cuneo v. Conseco Servs., LLC, 899 So.2d 1139 (Fla. 3d DCA 2005) (mere expense and inconvenience not enough)
- Peninsular Props. Braden River, LLC v. City of Bradenton, 965 So.2d 160 (Fla. 2d DCA 2007) (separation of powers considerations in context)