Full Pro Restoration, a/a/o Placido Fernandez v. Citizens Property Insurance Corporation
An assignee restoration company appealed summary judgment for Citizens on a Hurricane Irma water-intrusion claim reported nineteen months after the storm. The Third District affirmed, holding the twenty-day deadline in new rule 1.510(c)(5) for a nonmovant's response and supporting factual materials is mandatory, and that the trial court did not abuse its discretion in refusing to consider a deposition transcript filed six days before the hearing or in denying continuances under rules 1.510(c)(5)(d) and (e).
Key facts
- Full Pro Restoration, an assignee restoration company, appealed summary judgment granted by the trial court in favor of Citizens Property Insurance Corporation on a Hurricane Irma water-intrusion insurance claim.
- The claim was reported nineteen months after Hurricane Irma occurred, and Full Pro Restoration filed a deposition transcript six days before the summary judgment hearing, though the deposition had been taken four months earlier.
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Why it matters
One of the earlier Third District decisions construing the timing provisions of amended rule 1.510, confirming that the nonmovant's twenty-day service deadline is mandatory rather than discretionary and that trial… — full analysis with a trial
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