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3rd DCAJuly 30, 2025Affirmed

Adalberto Vega v. Citizens Property Insurance Corporation

Case No. 3D24-0718

The Third DCA affirmed the Miami-Dade Circuit Court's judgment in favor of Citizens Property Insurance in a property insurance dispute originating in 2016. The per curiam citation opinion addresses settlement enforcement, contract formation, and case jurisdiction — affirming that the party seeking to enforce a settlement must prove the opposing party's assent, that no contract forms absent timely acceptance, and that failure to timely raise a case-jurisdiction objection constitutes waiver. Practitioners should note the court's citation to the Florida Supreme Court's July 2025 ruling in JJJTB, Inc. v. Schmidt definitively establishing case jurisdiction as waivable.

Key facts

  • Adalberto Vega sued Citizens Property Insurance Corporation in Miami-Dade County Circuit Court in 2016 (Lower Tribunal No. 16-9950-CA-01) in a property insurance coverage or settlement dispute.
  • The central dispute involved whether a settlement agreement had been validly formed and whether the opposing party had assented to its terms.
  • +2 more key facts with a free trial

Holdings

  • The party seeking to enforce a settlement bears the burden of establishing assent by the opposing party.
  • +3 more holdings with a free trial
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