Elvis Diaz v. Universal Property & Casualty Insurance Company

• Court: District Court of Appeal of Florida
• Decided: December 17, 2025
• Docket: 3D2022-1693
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed December 17, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-1693 Lower Tribunal No. 20-2852-CA-01 ________________

Elvis Diaz, et al., Appellants,

vs.

Universal Property & Casualty Insurance Company, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Mark Blumstein, Judge.

Pedraza Law, P.A., and Malcolm R. Pedraza (Fort Lauderdale), for appellants.

Russo Lima Appellate Firm, P. A., and Elizabeth K. Russo and Paulo R. Lima, for appellee.

Before FERNANDEZ, MILLER and BOKOR, JJ.

PER CURIAM. Affirmed. See Simmons v. Public Health Tr. of Miami-Dade Cnty., 338

So. 3d 1057, 1061 (Fla. 3d DCA 2022) (“Here, the transcripts of the two

hearings held on Jackson’s motion demonstrate that the trial court stated the

reasons for its decision with enough specificity to allow for appellate review

by this Court.”); see also Universal Prop. & Cas. Ins. Co. v. Horne, 314 So.

3d 688, 692 (Fla. 3d DCA 2021) (“[T]he lower court’s conclusion that

Universal waived its post-loss affirmative defense by issuing payment to

Horne was incorrect.”); Axis Surplus Ins. Co. v. Caribbean Beach Club Ass’n,

Inc., 164 So. 3d 684, 689 (Fla. 2d DCA 2014) (“[T]here was no waiver

because the insurer expressly reserved its rights in its reservation of rights

letter . . . .”); Gonzalez v. State Farm Fla. Ins. Co., 65 So. 3d 608, 609 (Fla.

3d DCA 2011) (affirming “summary judgment entered below for the insurer

on the ground that the insured had failed to comply with the pre-suit

requirements of the policy”).