Glades Restoration, LLC, a.a.o. Jimmy McKinstry v. Homeowners Choice Property & Casualty Insurance Company, Inc.
The First DCA reversed two pre-answer dismissals with prejudice of an assignment-of-benefits contractor's payment claims against a homeowner's insurer, holding that a missing itemized attachment under § 627.7152(2) is a remediable pleading defect requiring leave to amend. The court also clarified that § 627.7152(2) requires only the assignment agreement itself to be executed — not a supporting cost estimate — and that a footer-date discrepancy on such an estimate raises a factual question that cannot be resolved on a motion to dismiss.
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