Abel Curbelo Horta v. Citizens Property Insurance Corporation

• Court: District Court of Appeal of Florida
• Decided: January 22, 2025
• Docket: 3D2024-0370
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed January 22, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-0370 Lower Tribunal No. 22-1144 ________________

Abel Curbelo Horta, et al., Appellants,

vs.

Citizens Property Insurance Corporation, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Ariana Fajardo Orshan, Judge.

MAC Legal, P.A., and Kristen D. Montgomery and Michael A. Citron (Hollywood), for appellants.

Vernis & Bowling of Broward, P.A., and Evan A. Zuckerman (Hollywood), for appellee.

Before LOGUE, C.J., and SCALES and LOBREE, JJ.

PER CURIAM. Affirmed. See Booker v. Sumter Cnty. Sheriff’s Office/N. Am. Risk

Servs., 166 So. 3d 189, 194 (Fla. 1st DCA 2015) (“The Daubert[1] test as

codified in section 90.702 requires (1) that the testimony be based on

‘sufficient facts or data’; (2) that it be a ‘product of reliable principles and

methods’; and (3) that the expert ‘applied the principles and methods reliable

to the facts of the case.’”); Kemp v. State, 280 So. 3d 81, 89 (Fla. 4th DCA

2019) (“The Supreme Court in Daubert outlined a list of factors that bear on

the reliability inquiry: (1) whether the theory can be or has been tested; (2)

whether the theory or technique has been subjected to peer review and

publication; (3) the known or potential rate of error of a particular scientific

technique, as well as the existence of standards controlling the technique's

operation; and (4) general acceptance in the scientific community.”).

1 Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).