Marbella Condo v. Citizens Property

Third District Court of Appeal
State of Florida
Opinion filed February 11, 2015.
Not final until disposition of timely filed motion for rehearing.
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No. 3D14-1336
Lower Tribunal No. 10-62992
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Marbella Condominium Association Inc.,
Appellant,
vs.
Citizens Property Insurance Corporation,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Abby Cynamon,
Judge.
Danahy and Murray, P.A., and Michael A. Giasi (Tampa), for appellant.
Methe & Rockenbach, P.A., and Kara Berard Rockenback (West Palm
Beach); Law Offices of Hoffman & Hoffman, P.A., and John D. Hoffman, for
appellee.
Before WELLS, LAGOA, and LOGUE, JJ.
PER CURIAM.
Affirmed. See 1500 Coral Towers Condo. Ass’n, Inc. v. Citizens Prop. Ins.
Corp., 112 So. 3d 541, 544-45 (Fla. 3d DCA 2013) (“Although the issue of
whether an insured has overcome the presumption of prejudice caused by late
notice is generally reserved for the trier of fact, it is appropriately raised on
summary judgment where, as in this case, the insured fails to present evidence
sufficient to rebut the presumption.”); Hope v. Citizens Prop. Ins. Corp., 114 So.
3d 457, 460 (Fla. 3d DCA 2013) (holding conclusory affidavits filed in response to
summary judgment motion failed “to rebut the presumption of prejudice to
Citizens where the passage of time has rendered Citizens unable to determine
exactly what current damage is directly attributable to Hurricane Wilma, and thus a
covered loss”).
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