AMY KNIGHTS v. CITIZENS PROPERTY INSURANCE CORPORATION

• Court: District Court of Appeal of Florida
• Decided: March 1, 2023
• Docket: 22-0026
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed March 1, 2023. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-0026 Lower Tribunal No. 18-25630 ________________

Amy Knights, Appellant,

vs.

Citizens Property Insurance Corporation, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Gina Beovides, Judge.

Font & Nelson, PLLC, and Jose P. Font, and James C. Thomas (Fort Lauderdale), for appellant.

Roig Lawyers, and Abbi Freifeld Carr, and Jeffrey R. Geldens (Deerfield Beach), for appellee.

Before FERNANDEZ, C.J., and LINDSEY, and GORDO, JJ.

PER CURIAM. Appellant Amy Knights appeals a final judgment entered in favor of

Appellee Citizens Property Insurance Corporation. Knight sued Citizens

under her homeowner’s insurance policy seeking recovery for damages

allegedly caused by a water heater leak. Citizens denied coverage on the

basis that the leak was determined to be caused by constant, repeated

leakage or seepage, a cause specifically excluded by the policy. A jury

returned a verdict in favor of Citizens. Knights argues on appeal that the

verdict was a product of error, either because the trial court erroneously

rejected her proposed jury instructions and verdict form, or because the trial

court used the wrong instruction and verdict form. We disagree. Finding no

abuse of discretion by the trial court, we affirm. See St. Paul Mercury Ins.

Co. v. Coconut Grove Bank, 106 So. 3d 452, 454 (Fla. 3d DCA 2009);

Gonzalez v. Rose, 752 So. 2d 39, 41-42 (Fla. 3d DCA 2000); Sorrells v.

Montesino, 2 So. 3d 297, 299 (Fla. 4th DCA 2008).

Affirmed.