Citizens Property Insurance Corporation v. Martha Prol

• Court: District Court of Appeal of Florida
• Decided: August 28, 2024
• Docket: 2023-0158
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed August 28, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-0158 Lower Tribunal No. 21-15785 ________________

Citizens Property Insurance Corporation, Appellant,

vs.

Martha Prol, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge.

Link & Rockenbach, P.A., and Kara Rockenbach Link and Daniel M. Schwarz (West Palm Beach); Williams Leininger & Cosby, P.A., and James O. Williams and Morgan T. Gieser (North Palm Beach), for appellant.

The Law Firm of Arianna M. Mendez, PLLC, and Arianna M. Mendez; Cooke Carbonell LLP, and Jorge L. Carbonell, for appellee.

Before LOGUE, C.J., and EMAS and BOKOR, JJ.

PER CURIAM. Affirmed. See Lazcar Int’l, Inc. v. Caraballo, 957 So. 2d 1191, 1192–

93 (Fla. 3d DCA 2007) (noting that evidence supporting due diligence “must

be sworn” and explaining that “[a]bsent competent substantial evidence of

some exceptional circumstance explaining the delay” a party does not show

due diligence as a matter of law where a sworn motion to vacate was filed

six weeks after discovery of the default); see also Elliott v. Aurora Loan

Servs., LLC, 31 So. 3d 304, 306 (Fla. 4th DCA 2010) (setting forth abuse of

discretion standard).