MVP PLUMBING, INC., etc. v. CITIZENS PROPERTY INSURANCE CORPORATION

• Court: District Court of Appeal of Florida
• Decided: April 26, 2023
• Docket: 22-1219
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed April 26, 2023. Not final until disposition of timely filed motion for rehearing.

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No. 3D22-1219 Lower Tribunal No. 21-30980 SP ________________

MVP Plumbing, Inc., etc., Appellant,

vs.

Citizens Property Insurance Corporation, Appellee.

An appeal from the County Court for Miami-Dade County, Michael G. Barket, Judge.

The Law Office of Benjamin Korn, P.L.L.C., and Benjamin Korn (Orlando), for appellant.

Dean, Ringers, Morgan & Lawton, P.A., and Jessica C. Conner (Orlando), for appellee.

Before LOGUE, MILLER, and GORDO, JJ.

MILLER, J. In this small claims case, appellant, MVP Plumbing, Inc., appeals a

final order dismissing its statement of claim seeking $750 from appellee,

Citizens Property Insurance Corporation. The trial court dismissed the claim

on the basis that the assignment of benefits appended to the claim failed to

contain an “itemized, per-unit cost estimate,” as required pursuant to section

627.7152(2)(a)4., Florida Statutes (2021) (amended 2022). Aside from the

fact this purported defect was not specified in the motion to dismiss, the

assignment expressly contemplated appellant would perform a single

service, a pipe inspection, for the estimated cost of $750. Concluding this

provision was sufficient to satisfy the statutory edict, we reverse and remand

for reinstatement of the claim.

Reversed and remanded.