Universal Property & Casualty Insurance Company v. Gerardo Moya

• Court: District Court of Appeal of Florida
• Decided: May 29, 2024
• Docket: 2023-0540
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed May 29, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-0540 Lower Tribunal No. 18-7712 ________________

Universal Property & Casualty Insurance Company, Appellant,

vs.

Gerardo Moya, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge.

Bernstein, Chackman, Liss, and Steven J. Chackman (Hollywood); Russo Appellate Firm, P.A., and Elizabeth K. Russo, for appellant.

Alexander Appellate Law P.A., and Samuel Alexander (DeLand), for appellee.

Before EMAS, LINDSEY, and GORDO, JJ.

PER CURIAM. Universal Property & Casualty Insurance Company appeals a final

judgment in favor of Gerardo Moya. Moya filed suit against Universal for

breach of contract and for declaratory relief after Universal failed to pay

Moya’s first-party insurance claim. During the jury trial, Universal moved for

a directed verdict on the grounds that the evidence Moya presented for

damages was legally insufficient because there was no record evidence to

give a jury a reasonable basis to determine damages without speculation.

The trial court denied Universal’s motion for directed verdict.

On appeal, Universal maintains that Moya did not present the requisite

damages evidence at trial. We agree. See, e.g., United Auto. Ins. Co. v.

Colon, 990 So. 2d 1246, 1248 (Fla. 4th DCA) (“It has long been accepted in

Florida that a party claiming economic losses must produce evidence

justifying a definite amount. Economic damages may not be founded on jury

speculation or guesswork and must rest on some reasonable factual basis.”

(citations omitted)).

Reversed.