Harvey Ross v. Citizens Property Insurance Corporation

• Court: District Court of Appeal of Florida
• Decided: March 6, 2024
• Docket: 2022-0982
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed March 6, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-0982 Lower Tribunal No. 19-37471 ________________

Harvey Ross, Appellant,

vs.

Citizens Property Insurance Corporation, Appellee.

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

Nwahiri Law, PLLC and Tobechuku Tony Nwahiri, for appellant.

Williams, Leininger & Cosby, PA, and Carri S. Leininger and Maureen Martinez (N. Palm Beach), for appellee.

Before LOGUE, C.J., and FERNANDEZ and LOBREE, JJ.

PER CURIAM.

Affirmed. See Rich v. Narog, 366 So. 3d 1111, 1117–18 (Fla. 3d DCA 2022) (explaining Florida’s “new” summary judgment standard and stating

that “[i]n Florida it will no longer be plausible to maintain that ‘the existence

of any competent evidence creating an issue of fact, however credible or

incredible, substantial or trivial, stops the inquiry and precludes summary

judgment, so long as the ‘slightest doubt’ is raised.’” (quoting In re

Amendments to Fla. Rule of Civil Procedure 1.510, 317 So. 3d 72, 76 (Fla.

2021))); Id. at 1118 (stating that “where . . . the nonmoving party bears the

burden of proof on a dispositive issue at trial, the moving party need only

demonstrate ‘that there is an absence of evidence to support the nonmoving

party’s case’” (footnote omitted) (citing Celotex Corp. v. Catrett, 477 U.S.

317, 325 (1986))); Chowdhury v. BankUnited, N.A., 366 So. 3d 1130, 1133

n.2 (Fla. 3d DCA 2023).