AMY KNIGHTS v. CITIZENS PROPERTY INSURANCE CORPORATION ( 2023 )


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  •       Third District Court of Appeal
    State of Florida
    Opinion filed March 1, 2023.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D22-0026
    Lower Tribunal No. 18-25630
    ________________
    Amy Knights,
    Appellant,
    vs.
    Citizens Property Insurance Corporation,
    Appellee.
    An Appeal from the Circuit Court for Miami-Dade County, Gina
    Beovides, Judge.
    Font & Nelson, PLLC, and Jose P. Font, and James C. Thomas (Fort
    Lauderdale), for appellant.
    Roig Lawyers, and Abbi Freifeld Carr, and Jeffrey R. Geldens
    (Deerfield Beach), for appellee.
    Before FERNANDEZ, C.J., and LINDSEY, and GORDO, JJ.
    PER CURIAM.
    Appellant Amy Knights appeals a final judgment entered in favor of
    Appellee Citizens Property Insurance Corporation. Knight sued Citizens
    under her homeowner’s insurance policy seeking recovery for damages
    allegedly caused by a water heater leak. Citizens denied coverage on the
    basis that the leak was determined to be caused by constant, repeated
    leakage or seepage, a cause specifically excluded by the policy. A jury
    returned a verdict in favor of Citizens. Knights argues on appeal that the
    verdict was a product of error, either because the trial court erroneously
    rejected her proposed jury instructions and verdict form, or because the trial
    court used the wrong instruction and verdict form. We disagree. Finding no
    abuse of discretion by the trial court, we affirm. See St. Paul Mercury Ins.
    Co. v. Coconut Grove Bank, 
    106 So. 3d 452
    , 454 (Fla. 3d DCA 2009);
    Gonzalez v. Rose, 
    752 So. 2d 39
    , 41-42 (Fla. 3d DCA 2000); Sorrells v.
    Montesino, 
    2 So. 3d 297
    , 299 (Fla. 4th DCA 2008).
    Affirmed.
    2