Pamela King v. People's Trust Insurance Company

• Court: District Court of Appeal of Florida
• Decided: September 13, 2024
• Docket: 6D2023-3971
• Status: Published

Opinion

SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 6D2023-3971 Lower Tribunal No. 2022-CC-018145 _____________________________

PAMELA KING,

Appellant, v.

PEOPLE’S TRUST INSURANCE COMPANY,

Appellee. _____________________________

Appeal from the Circuit Court for Orange County. Evellen Jewett, Judge.

September 13, 2024

PER CURIAM.

Pamela King appeals the trial court’s October 30, 2023, order dismissing her

complaint for failing to comply with section 627.70152(3), Florida Statutes. Based

on our recent decision in Hughes v. Universal Property & Casualty Insurance Co.,

374 So. 3d 900 (Fla. 6th DCA 2023), which is indistinguishable in all material

respects from the instant case, we reverse the dismissal and remand this case for

further proceedings. For the same reasons set forth in Hughes, we certify this decision to be in direct conflict with Cole v. Universal Property & Casualty

Insurance Co., 363 So. 3d 1089 (Fla. 4th DCA 2023).

REVERSED and REMANDED. CONFLICT CERTIFIED.

NARDELLA and BROWNLEE, JJ., concur. LAMBERT, B.D., Associate Judge, concurs in result only.

Jeremy D. Bailie, of Weber, Crabb & Wein, P.A., St. Petersburg, for Appellant.

Mark D. Tinker and Brandon J. Tyler, of Cole, Scott & Kissane, P.A., Tampa, for Appellee.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED