Everhart v. Citizens Property Insurance

District Court of Appeal of Florida

Everhart v. Citizens Property Insurance

90 So. 3d 374, 2012 WL 2463958, 2012 Fla. App. LEXIS 10510

CourtDistrict Court of Appeal of Florida

DecidedJune 28, 2012

DocketNo. 1D11-4532

StatusPublished

Cited by2 cases

This text of 90 So. 3d 374 (Everhart v. Citizens Property Insurance) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Everhart v. Citizens Property Insurance, 90 So. 3d 374, 2012 WL 2463958, 2012 Fla. App. LEXIS 10510 (Fla. Ct. App. 2012).

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Opinions

PER CURIAM.

AFFIRMED. See Ceballo v. Citizens Prop. Ins. Corp., 967 So.2d 811, 815 (Fla. 2007) (holding that proof of entitlement to the face value of the policy “does not affect [the insured’s] obligation to show that [she has] incurred an additional loss in order to recover under the supplemental [law and ordinance] coverage”). See also K.R. Exch. Servs., Inc. v. Fuerst, Humphrey, Ittleman, PL, 48 So.3d 889, 894 (Fla. 3d DCA 2010) (“It is well settled that the court must consider an exhibit attached to the complaint together with the complaint’s allegations, and that the exhibit controls when its language is inconsistent with the complaint’s allegations.”); Magnum Capital, LLC v. Carter & Assocs., LLC, 905 So.2d 220, 221 (Fla. 1st DCA 2005).

BENTON, C.J., and CLARK, J., concur. MAKAR, J., Specially Concurs with Opinion.

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PER CURIAM.

AFFIRMED. See Ceballo v. Citizens Prop. Ins. Corp., 967 So.2d 811, 815 (Fla. 2007) (holding that proof of entitlement to the face value of the policy “does not affect [the insured’s] obligation to show that [she has] incurred an additional loss in order to recover under the supplemental [law and ordinance] coverage”). See also K.R. Exch. Servs., Inc. v. Fuerst, Humphrey, Ittleman, PL, 48 So.3d 889, 894 (Fla. 3d DCA 2010) (“It is well settled that the court must consider an exhibit attached to the complaint together with the complaint’s allegations, and that the exhibit controls when its language is inconsistent with the complaint’s allegations.”); Magnum Capital, LLC v. Carter & Assocs., LLC, 905 So.2d 220, 221 (Fla. 1st DCA 2005).

BENTON, C.J., and CLARK, J., concur. MAKAR, J., Specially Concurs with Opinion.

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Bluebook (online)

90 So. 3d 374, 2012 WL 2463958, 2012 Fla. App. LEXIS 10510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/everhart-v-citizens-property-insurance-fladistctapp-2012.

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