Glades Restoration, LLC., a.a.o Jimmy McKinstry v. Homeowners Choice Property & Casualty Insurance Company, Inc., a Florida Corporation
The First DCA reversed two pre-answer dismissals with prejudice entered against an AOB contractor pursuing payment from a homeowner's insurer under § 627.7152. The court held that dismissal without leave to amend was an abuse of discretion where the only defect was the failure to attach an itemized services list and the plaintiff had preserved a request to amend with remediable documentation.
Key facts
- Glades Restoration, LLC brought suit as assignee of homeowner Jimmy McKinstry under an assignment of benefits (AOB) for restoration services covered by Homeowners Choice Property & Casualty Insurance.
- The first complaint was dismissed with prejudice for failure to attach the itemized services-and-prices list required by § 627.7152(2), despite counsel's oral request for leave to amend.
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Holdings
- Leave to amend should be freely given and dismissal with prejudice is an abuse of discretion where no amendment privilege has been abused, the opposing party would suffer no prejudice, and…
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