CONFESSION OF ERROR
We accept Appellees confession of error. The circuit court erred in concluding that the Appellant waived its right to appraisal under the policy. The insurers suit sought to enforce the provisions of the policy, including the appraisal provision. The insurer never took any action inconsistent with the right to appraisal. See Fla. Ins. Guar. Assn v. Branco, 148 So. 3d 488, 493 (Fla. 5th DCA 2014) (recognizing that the primary focus when determining whether the right to appraisal has been waived is whether the party “acted inconsistently with their appraisal rights”). The circuit courts April 8, 2021 order is reversed, and this matter is remanded for further proceedings.
Reversed and remanded.
Per Curiam.
Levine, Forst, and Kuntz, JJ., concur.