LORAINE CASTELLON
v.
CITIZENS PROPERTY INSURANCE CORPORATION
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Summary judgment was properly entered where the record contained no genuine dispute of material fact and a reasonable jury could not return a verdict for the nonmoving party.
[1] Summary judgment is properly granted under Florida law where the record establishes no genuine dispute as to a material fact and a reasonable jury could not return a verd…
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Join FLexlaw to unlock all legal intelligenceLoraine Castellon appealed a summary judgment decision rendered by the Circuit Court for Miami-Dade County in favor of Citizens Property Insurance Cor…
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Opinion filed April 3, 2024. Not final until disposition of timely filed motion for rehearing.
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No. 3D22-1858 Lower Tribunal No. 19-13864
________________
Loraine Castellon,
Appellant,
vs.
Citizens Property Insurance Corporation, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Vivianne Del Rio, Judge. Giasi Law, P.A., and Melissa A. Giasi and Erin M. Berger (Tampa), for appellant. Paul R. Pearcy, P.A., and Maureen G. Pearcy, for appellee. Before LOGUE, C.J., and EMAS and MILLER, JJ. PER CURIAM. Affirmed. See Rodriguez v. Responsive Auto Ins. Co., 48 Fla. L. Weekly D1557 *2, 2023 WL 5061776 (Fla. 3d DCA Aug. 9, 2023) (noting that under Florida’s “‘new’ summary judgment standard . . . the trial court should only deny summary judgment where there is a genuine dispute as to a ‘material fact’ and ‘the evidence is such that a reasonable jury could return a verdict for the nonmoving party.’”) (citing In re Amends. to Fla. Rule of Civ. Proc. 1.510, 317 So. 3d 72, 75 (Fla. 2021)); Citizens Prop. Ins. Corp. v. Zamanillo, 49 Fla. L. Weekly D192, 2024 WL 172611 (Fla. 3d DCA, Jan. 17, 2024) (holding final summary judgment was properly entered where there was no triable issue of fact on the record).
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Loraine Castellon v. Citizens Prop. Ins. Corp. (Fla. 3d DCA 2024)…d ‘the evidence is such that a reasonable jury could return a verdict for the nonmoving party.’”) (citing In re Amends. to Fla. Rule of Civ. Proc. 1.510, 317 So. 3d 72, 75 (Fla. 2021)); Citizens Prop. Ins. Corp. v. Zamanillo, 49 Fla. L. Weekly D192, 2024 WL 172611 (Fla. 3d DCA, Jan. 17, 2024) (holding final summary judgment was properly entered where there was no triable issue of fact on the record).…
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Oliva's Home Corp. v. Deco Truss Co., Inc. (Fla. 3d DCA 2024)…t below. Upon our de novo review, Volusia Cnty. v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126 (Fla. 2000), we find no error in the trial court’s entry of final summary judgment. See Citizens Prop. Ins. Corp. v. Zamanillo, 49 Fla. L. Weekly D192, 2024 WL 172611 at *2 (Fla. 3d DCA Jan. 17, 2024) (“If the evidence [presented by the nonmovant] is merely colorable, or is not significantly probative, summary judgment may be granted.”) (quoting In re Amends. to Fla. Rule of Civ. Proc. 1.510, 309 So. 3d 192, 193…
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