Abel Curbelo Horta v. Citizens Property Insurance Corporation

Opinion

Third District Court of Appeal State of Florida

Opinion filed January 22, 2025.

Not final until disposition of timely filed motion for rehearing.

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No. 3D24-0370

Lower Tribunal No. 22-1144

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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).