IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA DEL MAR ASSOCIATION, INC., A Florida corporation, ‘Third-Party Plaintiff, Case No.: 2006-0175-CA-03 Judge: Robert F. Hawley vs, FLORIDA INSURANCE GUARANTY ASSOCIATION, ‘Third-Party Defendant. ORDER GRANTING FIGA’S MOTION FOR SUMMARY FINAL JUDGMENT THIS CAUSE came before the Court upon the Florida Insurance Guaranty Association’s (“FIGA”) Motion for Summary Final Judgment. yurt havi s reviewed the pleadings, the Court file and being otherwise advised in the Premises, it is hereupon, .. ORDERED AND ADJUDGED that said Motion be, and the same is hereby 1. GRANTED. 2. Pursuant to applicable Florida law, including but not limited to Fla. Stat. § 627.418(1), the legislature has specifically forbidden the courts from voiding the hurricane deductible provision of a residential or condominium association insurance policy. The Court finds the line of cases arising out of the United States District Court for the Souther District of Florida persuasive, including the decisions referenced in FIGA’s Motion and authored by Judge Middlebrooks, Judge Hurley,-and Judge Moreno and adopts in its entirety the well reasoned opinion of Judge Middlebrooks.as stated in Chalfonte, Condo, Apart. Assoc. Jne, v. OBE Ins. Corp., 526 F. Supp. 24 1251 (S.D..Fla. 2007). Therefore, Del Mar’s attempt to void the hurricane deductible is without‘merit and beyond that permitted by the Florida legislature and FIGA’s Motion for Summary Final Judgment is GRANTED. 3. Pursuant to applicable Florida law, the Court cannot award Del Mar money for Florida sales tax beyond that previously paid. Therefore, Del Mar’s motion seeking additional taxes is denied and FIGA’s Motion for Summary Final Judgment is GRANTED. 4, Pursuant to applicable Florida law, including but not limited to Fla. Stat. § 626.9744, the Court rejects Del Mar’s attempt to receive additional monies in excess of that already paid by FIGA and the “matching argument” raised by Del Mar is explicitly rejected. 5. The Court finds that FIGA has paid the appraisal award in full. However, due to the pendency of this action and the related delays, FIGA’s check is now void. Therefore, the Court the following payments be made: a. FIGA is ordered to issue a new check within seven (7) business days of the date of his Order and. made payable to Del Mar Association, Inc, in the amount of two million, sixteen thousand, three hundred eighty two dollars and eighty five cents ($2,016,382.85). b. FIGA is ordered to issue a second new check in the amount of seven hundred and ten thousand, eight hundred and forty nine dollars and two cents (S710,849.02) and made payable to the GrayRobinson, P.A. Trust Account. c. From the money deposited into the GrayRobinson, P.A. Trust Account, payment shall be made within twenty (20) days of the date of this Order to the following: i. A check in the amount of four thousand six hundred and fifty dollars (84,650.00) made payable to the Honorable Charles E. Smith (Ret.), the Umpire in the appraisal of this matter;ii, A check in the amount of seven hundred and fifty dollars ($750.00) made payable to Rossway, Moore and Taylor, P.A.; iii. A check in the amount of seven hundred five thousand, four hundred and forty nine dollars and two cents ($705,449.02) in the Indian River County Registry of Court, The Clerks statutory fee associated with depositing the funds into the Registry of the Court shall be deducted from the amount of the payment. 6. A copy of this Order shall be served upon the following parties, who may or may not claim an entitlement to a portion or the entire amount deposited into the Registry of the Court Del Mar Association, Inc.; The Florida Insurance Guaranty Association, Inc.;, BSR Electrical, Inc.; Barry MeGonigal/Intemational Risk Control; AON Consulting; Two Gators and a Dawg, LLC; Bobbie Jean Deangelis et al.; ‘Academy Roofing and Sheet Metal Co.; Brian Marshall; Ronald L. Book, P.A.; Fireline Restoration; Works R Us; Home Solutions of America; and Walters, Levine, Klingensmith & Thompson. a 7, Any person or entity claiming an entitlement to the funds deposited into the Registry of the Court shall file the appropriate pleading with the Clerk of Court within thirty (30) days of the entry of this Order. Any claim filed beyond thirty (30) days of the date of this order will be barred and deemed waived. Shall no party timely file a claim of entitlement to the money held in the ‘Registry of the Court, the Court will enter an order awarding Del Mar the money in the Clerk of Court in its entirety.8. Following FIGA’s Filing of Notice of Compliance with the payment requirements outlined above, Judgment shall be entered in favor of FIGA relieving FIGA of any liability associated with this matter. 9, The Court specifically reserves jurisdiction over the funds deposited into the Registry of the Court and matters not otherwise disposed of by this Order. Done and Ordered in Chambers in Vero Beach, Indian River County, Florida this __day of December, 2008. SIGNED AND DATED HONORABLE ROBERT A, HAWLEY Circuit JBGEROBERT A. HAWLEY ce: Kevin Doty, Esq., counsel for Del Mar Association, Inc.; Philip Ward, Esq./Jeffrey Kuntz, Esq., counse} for the Florida Insurance Guaranty Association. Service on the Persons and Entities Below to Be Accomplished by counsel for FIGA via certified mail: Barry McGonigal/Interational Risk Control BSR Electrical, Inc.; AON Consulting; ‘Two Gators and a Dawe, LLC; Bobbie Jean Deangelis et al.; Works R Us; Academy Roofing and Sheet Metal Co.; Brian Marshall; Ronald L. Book, P.A.; Fireline Restoration; Home Solutions of America; and Walters, Levine, Klingensmith & Thompson.