Raquel Quesada v. Citizens Property Insurance Corporation

• Court: District Court of Appeal of Florida
• Decided: January 2, 2025
• Docket: 3D2023-1352
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed January 2, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1352 Lower Tribunal No. 21-59 ________________

Raquel Quesada, Appellant,

vs.

Citizens Property Insurance Corporation, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Charles K. Johnson, Judge.

Law Group of South Florida, LLC, and Santino Ruiz, for appellant.

Dinsmore & Shohl LLP, and Kathryn L. Ender and Janice Lopez, for appellee.

Before SCALES, LINDSEY and BOKOR, JJ.

PER CURIAM. Affirmed. See Deshazior v. Safepoint Ins. Co., 305 So. 3d 752, 755

(Fla. 3d DCA 2020) (affirming summary judgment for insurer where insured

presented no evidence as to cause of damages and thus failed to show that

damages were not caused by excluded event and explaining that “a party

when met by a motion for summary judgment should not be permitted by his

[or her] own affidavit, or by that of another, to baldly repudiate his [or her]

previous deposition so as to create a jury issue” (citation omitted)); see also

Archer v. Tower Hill Signature Ins. Co., 313 So. 3d 645, 649 (Fla. 4th DCA

2021) (affirming summary judgment for insurer where insurer’s field adjuster

did not see any peril-created openings and insured offered only conclusory

affidavits in opposition); Empire Pro Restoration, Inc. v. Citizens Prop. Ins.

Corp., 322 So. 3d 96, 98 (Fla. 4th DCA 2021) (affirming summary judgment

in favor of insurer where insured did not establish that roof opening was

caused by covered peril and admitted not knowing what caused roof to leak);

Fla. Windstorm Underwriting v. Gajwani, 934 So. 2d 501, 505–06 (Fla. 3d

DCA 2005) (affirming summary judgment for insurer under similar policy

where insureds “conceded that they could not offer any evidence of entry

through openings in the roof or walls caused by Hurricane Irene”).