ELISA GONZALES
v.
CITIZENS PROPERTY INSURANCE CORPORATION

Fla. 3d DCA | 2025-10-08
No. 2024-1842
Brinkley, J., Logue, J., Gordo, J., Lobree, J.
2025 FL 8775 Florida District Court of Appeal, Third District (2025)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Holding

Under a named perils insurance policy, the insured bears the burden to prove that wind, as a covered cause of loss, caused the damage, and summary judgment is appropriate when the insured fails to present evidence meeting this burden.

Headnotes

[1] Under a named perils insurance policy, the insured bears the burden of proving that wind, as a covered cause of loss, caused the damage to the property.

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Key Quotes

“Under a named perils insurance policy, [the insured] bore the burden to prove that wind, as a covered cause of loss under the policy, caused the damage to the buildings.”

Citation to Citizens Prop. Ins. Corp. v. Kings Creek S. Condo, Inc., 300 So. 3d 763, 765 (Fla. 3d DCA 2020)
Facts & Procedural History

Elisa Gonzales brought an action against Citizens Property Insurance Corporation regarding a property insurance claim. The case involved a dispute ove…

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Topics
Insurance Coverage Dispute Summary Judgment Standard Summary Judgment Standard Of Review

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Opinion of the Court
Lobree

Third District Court of Appeal State of Florida

Opinion filed October 8, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-1842 Lower Tribunal No. 22-1862-CA-01 ________________

Elisa Gonzales, Appellant,

vs.

Citizens Property Insurance Corporation, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Tanya Brinkley, Judge.

Stephan Lopez Law Firm, LLC, and Stephan Lopez, for appellant.

Dinsmore & Shohl LLP, and Kathryn L. Ender and Janice Lopez, for appellee.

Before LOGUE, GORDO and LOBREE, JJ.

PER CURIAM.

Affirmed. See Rich v. Narog, 366 So. 3d 1111, 1118 (Fla. 3d DCA

Footnotes
2 2022) (“[W]here . . . the nonmoving party bears the burden of proof on a dispositive issue at trial, the moving party need only demonstrate ‘that there is an absence of evidence to support the nonmoving party’s case.’” (footnote omitted) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986))); Citizens Prop. Ins. Corp. v. Kings Creek S. Condo, Inc., 300 So. 3d 763, 765 (Fla. 3d DCA 2020) (“Under a named perils insurance policy, [the insured] bore the burden to prove that wind, as a covered cause of loss under the policy, caused the damage to the buildings.”); Baker v. Airguide Mfg., LLC, 151 So. 3d 38, 40 (Fla. 3d DCA 2014) (“[I]t is well-established Florida law that a party may not rely on an affidavit that contradicts or repudiates prior deposition testimony simply to defeat a motion for summary judgment.”); Ruiz v. Wendy’s Trucking, LLC, 357 So. 3d 292, 304 (Fla. 2d DCA 2023) (“[I]t [is] inappropriate for a party to raise an issue for the first time on appeal from summary judgment.” (quoting Dober v. Worrell, 401 So. 2d 1322, 1324 (Fla. 1981))).

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