JAMES BOONE AND VIVIAN BOONE
v.
STATE FARM FLORIDA INSURANCE COMPANY
PER CURIAM.
AFFIRMED.1 See Julien v. United Prop. & Cas. Ins. Co., 311 So. 3d 875, 879, 880 (Fla. 4th DCA 2021) (affirming trial court’s determination that plaintiff “failed to satisfy the requirement that the insured identify the specific statute and specific policy provision relevant to [the insurer]’s alleged violation” and rejecting plaintiff’s argument that the Department of Financial Services’ “failure to return the civil remedy notice suggested the notice was legally sufficient” (footnote omitted)); see also Demase v. State Farm Ins. Co., 351 So. 3d 136, 138 (Fla. 5th DCA 2022) (aligning with Julien and concluding that under plain language of section 624.155, Florida Statutes, plaintiffs’ civil remedy notice was legally insufficient “even under the more lenient substantial compliance test”).
COHEN, WOZNIAK, and SMITH, JJ., concur. George A. Vaka and Nancy A. Lauten, of Vaka Law Group, Tampa, and Beaujeaux de Lapouyade, of Merlin Law Group, P.A., Tampa, for Appellants.
Ezequiel Lugo, of Banker Lopez Gassler P.A., Tampa, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Burton v. Oates, 362 So. 3d 311 (Fla. 5th DCA 2023)…statute. Nor does it provide that the failure to comply with the filing requirements of the statute can be excused if there is an alleged lack of prejudice to the elected official targeted for election recall. Accord Demase v. State Farm Fla. Ins., 351 So. 3d 136, 139–41 (Fla. 5th DCA 2022) (Sasso, J., concurring specially) (rejecting a substantial compliance argument as there was nothing in the text of the statute that permitted substantial compliance, “the statute employs the mandatory language ‘shall,’”…
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Boone v. State Farm Fla. Ins. Co., 351 So. 3d 136 (Fla. 6th DCA 2023)…]’s alleged violation” and rejecting plaintiff’s argument that the Department of Financial Services’ “failure to return the civil remedy notice suggested the notice was legally sufficient” (footnote omitted)); see also Demase v. State Farm Ins. Co., 351 So. 3d 136, 138 (Fla. 5th DCA 2022) (aligning with Julien and concluding that under plain language of section 624.155, Florida Statutes, plaintiffs’ civil remedy notice was legally insufficient “even under the more lenient substantial compliance test”). COHEN…
Authorities Cited
- Cassella v. THE Travelers Home & Marine Ins. Co., 352 So. 3d 1290 (Fla. 2d DCA 2023)
- Boone v. State Farm Fla. Ins. Co., 351 So. 3d 136 (Fla. 6th DCA 2023)