IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
MARCIAL GARCIA and
MARTINA GARCIA,
Appellants,
v. Case No. 5D15-1628
TOWER HILL SIGNATURE
INSURANCE COMPANY,
Appellee.
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Opinion filed October 21, 2016
Appeal from the Circuit Court
for Hernando County,
Richard Tombrink, Jr., Judge.
Timothy W. Weber, and Joseph P. Kenny,
of Weber, Crabb & Wein, P.A., St.
Petersburg, for Appellants.
Scot E. Samis and Ashley R. Kellgren, of
Traub, Lieberman Straus & Shrewsberry,
LLP, St. Petersburg, for Appellee.
PER CURIAM.
Marcial and Martina Garcia appeal the trial court's final judgment in favor of Tower
Hill Signature Insurance Company, which, despite initially denying the Garcias' sinkhole
claim, ultimately extended coverage after the Garcias filed suit and a neutral evaluator
confirmed the sinkhole damage. In finding that Tower Hill’s initial denial of coverage did
not breach the Garcias’ insurance policy, the trial court correctly applied then-binding
precedent recently disapproved by the Florida Supreme Court in Johnson v. Omega Ins.
Co., 41 Fla. L. Weekly S415 (Fla. Sept. 29, 2016). As such, we reverse the final judgment
and remand for further proceedings consistent with Johnson.
REVERSED and REMANDED with INSTRUCTIONS.
LAWSON, C.J., TORPY and WALLIS, JJ., concur.
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