Fenderson v. United Automobile Insurance Co.
This text of 31 So. 3d 915 (Fenderson v. United Automobile Insurance Co.) 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.
Opinion
ON APPELLEE’S MOTION FOR CLARIFICATION/REHEARING
We grant the appellee’s motion for clarification, deny the appellee’s motion for rehearing, and substitute the following for our January 27, 2010 opinion.
We reverse the final summary judgment in favor of the appellee on the appellant’s bad faith claim only, and remand to the circuit court for the entry of a final judgment dismissing the bad faith claim without prejudice for failing to file a sufficiently specific civil remedy notice complying with section 624.155(3)(a), Florida Statutes (2004). See Villa Maria Nursing & Rehab. Ctr., Inc. v. S. Broward Hosp. Dist., 8 So.3d 1167, 1171-72 (Fla. 4th DCA 2009) (dismissal should be without prejudice where plaintiff still has time to comply [916]*916with statutory notice provision that is condition precedent to filing suit).
Reversed and remanded.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
31 So. 3d 915, 2010 Fla. App. LEXIS 4207, 2010 WL 1222630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fenderson-v-united-automobile-insurance-co-fladistctapp-2010.