New Case on Appraisals

In State Farm Fla. Ins. Co. v. Gonzalez, 2011 Fla. App. LEXIS 19530; 36 Fla. L. Weekly D 2692 (Fla. 3d DCA December 7, 2011), the court states that the proper way to confirm an appraisal award is by complaint, not by petition.  On a loss that occurred in 2005, and an appraisal award entered in April 2008, the homeowner filed a petition to confirm the award.  Instead of answering the petition, the insurer set the petition for hearing.  The Florida Third District Court of Appeal reversed because a petition can only be filed "when so designated by a statute or rule."  See Florida Rule of Civil Procedure 1.110(a).  It remanded with instructions to allow the insureds to file a complaint, which would relate back to the filing of the petition.  See http://www.3dca.flcourts.org/Opinions/3D11-0334.pdf