DAISY TAPIA v. STATE FARM FLORIDA INSURANCE COMPANY, etc.
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Opinion
Third District Court of Appeal State of Florida
Opinion filed July 12, 2023. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-1677 Lower Tribunal No. 18-1761 ________________
Daisy Tapia, Appellant,
vs.
State Farm Florida Insurance Company, etc., Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Barbara Areces, Judge.
Legal Armor The People's Law Firm, Inc., and Alian M. Perez, for appellant.
Butler Weihmuller Katz Craig LLP, and Brian A. Hohman (Tampa); Russo Appellate Firm, P.A., and Elizabeth K. Russo, for appellee.
Before LOGUE, C.J., and LINDSEY and LOBREE, JJ.
PER CURIAM.
Affirmed. See Goldberg v. Universal Prop. & Cas. Ins. Co., 302 So. 3d 919 (Fla. 4th DCA 2020) (insured’s breach of contract action was premature
where suit was filed without having first submitted supplemental claim,
competing estimate, or demand letter specifying claim to inform insurer of
amount of additional benefits insured believed he was entitled); see also
Allied Prop. Grp., Inc. v. Micor, LLC, 338 So. 3d 1024 (Fla. 3d DCA 2022)
(party cannot raise issue for first time on appeal).
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