GASTON BLANCH, ET AL.
v.
UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY
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Homeowners appealed a summary judgment in favor of their insurer regarding an initial Actual Cash Value (ACV) payment for a plumbing loss. The court dismissed the appeal as moot because the homeowners filed a new lawsuit alleging they had completed repairs and were now entitled to Replacement Cost Value (RCV), making the underlying dispute over the initial ACV payment no longer justiciable.
The appeal is moot because the Homeowners' newly filed lawsuit alleging completed repairs and entitlement to RCV has rendered the underlying dispute over the initial ACV payment no longer capable of producing an effectual remedy.
[1] An appeal is moot when an intervening event makes it impossible for the court to grant effectual relief.
[2] An insurer complies with a policy provision requiring initial payment of actual cash value by issuing an actual cash value payment.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“An issue on appeal becomes moot 'where, by a change of circumstances prior to the appellate decision, an intervening event makes it impossible for the court to grant a party any effectual relief.'”
The legal standard establishing when an appeal becomes moot, applied by the court to dismiss the appeal
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Join FLexlaw to unlock all legal intelligenceThe Homeowners suffered a plumbing leak in May 2019. Universal issued an ACV payment in September 2019, which the Homeowners accepted. The Homeowners …
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Third District Court of Appeal State of Florida
Opinion filed March 5, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-0628 Lower Tribunal No. 20-3303 ________________
Gaston Blanch, et al., Appellants,
vs.
Universal Property & Casualty Insurance Company, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Jose M. Rodriguez, Judge.
Giasi Law, P.A., and Melissa A. Giasi and Erin M. Berger (Tampa), for appellants.
Russo Lima Appellate Frim, P.A., and Elizabeth K. Russo, and Paulo
R. Lima, for appellee.
Before EMAS, LINDSEY, and GOODEN, JJ.
LINDSEY, J.
2 Insured homeowners Gaston Blanch and Evelyn Blanch (the “Homeowners”) appeal from an order entering final summary judgment in favor of their Insurer, Universal Property & Casualty Insurance Company. Universal has moved to dismiss the appeal as moot based on the Homeowners’ newly filed lawsuit.
We agree the appeal is moot and therefore grant Universal’s Motion to Dismiss. The Homeowners’ underlying breach of contract claim stems from a May 2019 plumbing leak.
In September 2019, Universal issued an Actual Cash Value (“ACV”) payment.1 The Homeowners accepted the ACV payment but later provided Universal with their own Replacement Cost Value (“RCV”) estimate and then sued for breach of contract alleging that Universal had not fully paid them for the loss. Universal moved for Summary Judgment, relying on the Loss Settlement Provision in the Policy, which requires Universal to “initially pay at least the actual cash value of the insured loss” and any remaining amounts as work is performed. Universal argued that it complied with its obligation by issuing an ACV payment.
The trial court agreed and granted summary judgment in Universal’s favor, observing that the Homeowners had not
After filing their Notice of Appeal, the Homeowners filed a new action against Universal alleging that they had made repairs, which now entitled them to RCV. Universal moved to dismiss, arguing that this appeal, which has to do with Universal’s alleged breach for failure to pay ACV, is moot. We agree. Because the Homeowners allege that they have made repairs and are entitled to RCV, there is not a justiciable issue as to Universal’s initial ACV payment. See, e.g., Brown v. BNB Inv. Holdings, LLC, 252 So. 3d 344, 348 (Fla. 3d DCA 2018) (“An issue on appeal becomes moot ‘where, by a change of circumstances prior to the appellate decision, an intervening event makes it impossible for the court to grant a party any effectual relief.’” (quoting Montgomery v. Dep’t of Health & Rehab. Servs., 468 So. 2d 1014, 1016 (Fla. 1st DCA 1985))).
Accordingly, we grant Universal’s Motion to Dismiss and dismiss the appeal.
Dismissed.
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Citator
Authorities Cited
- Montgomery v. Dep't of Health & Rehabilitative Servs., 468 So. 2d 1014 (Fla. 1st DCA 1985)
- Brown v. Bnb Inv. Holdings, 252 So. 3d 344 (Fla. 3d DCA 2018)