Restoration Genie, Inc. v. Citizens Property Insurance Company
On confession of error by Citizens Property Insurance, the Third DCA quashed the trial court's order granting Citizens' motion to tax costs and stay proceedings — filed 300+ days after the dismissal of the first action for lack of prosecution. Citizens conceded it violated the 30-day deadline under Fla. R. Civ. P. 1.525.
Key facts
- Restoration Genie, Inc. filed a property insurance claim action against Citizens Property Insurance Company in Miami-Dade County Court; the trial court dismissed the first action for lack of prosecution on March 5, 2025.
- Citizens did not file a motion to tax costs after the dismissal; instead, Restoration Genie refiled the case on November 4, 2025, and Citizens then filed a motion to stay the new proceedings and a motion to tax costs on December 18, 2025 and January 8, 2026, respectively — more than 300 days after the first action was dismissed.
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Holdings
- Florida Rule of Civil Procedure 1.525 requires that a motion to tax costs in a dismissed action be filed in the same action within 30 days of dismissal.
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Why it matters
A reminder for insurance defense and plaintiff's counsel: Rule 1.525's 30-day cost deadline is strictly enforced, applies to small claims proceedings, and cannot be cured by refiling the action. When a case is dismissed… — full analysis with a trial
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