Ankur Sarup v. Citizens Property Insurance Corporation
In a short per curiam opinion, the Second District affirmed a judgment for Citizens Property Insurance Corporation even though the trial court had excluded the insured's only causation expert. The panel stated it was 'constrained to affirm' because the limited appellate record did not permit meaningful review of the exclusion ruling, invoking Applegate v. Barnett Bank of Tallahassee. The decision turns entirely on the appellant's failure to bring up an adequate record rather than on the merits of the evidentiary ruling.
Key facts
- Appeal from the Circuit Court for Pinellas County (Judge Amy M. Williams) in a first-party property insurance action against Citizens Property Insurance Corporation.
- The trial court struck or excluded the insured appellant's designated expert witness, who was his only causation expert.
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Holdings
- An appellant bears the burden of bringing up a record adequate to demonstrate reversible error; where the appellate record is too limited to permit meaningful review of the challenged…
Why it matters
This is a cautionary opinion of the most practical kind for first-party property and coverage litigators. The Second District signaled discomfort with the outcome — it excluded the insured's sole causation expert and… — full analysis with a trial
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