Opinion
No. 3D19-0985
10-23-2019
Structural Wrap, LLC, a/a/o Jason Hickle, Appellant, v. Security First Insurance Company, Appellee.
Law Office of Christopher F. Zacarias, and Christopher F. Zacarias, and Rosendo A. Forns, for appellant. Conroy Simberg, and Samuel B. Spinner, and Hinda Klein (Hollywood), for appellee.
Not final until disposition of timely filed motion for rehearing. Lower Tribunal No. 19-5370 An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Alexander Bokor, Judge. Law Office of Christopher F. Zacarias, and Christopher F. Zacarias, and Rosendo A. Forns, for appellant. Conroy Simberg, and Samuel B. Spinner, and Hinda Klein (Hollywood), for appellee. Before SALTER, LINDSEY, and HENDON, JJ. PER CURIAM.
We affirm because the rights of Appellant Structural Wrap arise only by way of homeowner Jason Hickle's assignment of rights. Accordingly, Structural Wrap's rights and claims are wholly derivative of those that could have been asserted by Jason Hickle. See Homestead Land Grp., LLC v. City of Homestead, 165 So. 3d 62, 65 (Fla. 3d DCA 2015) (citing Farkus v. Fla. Land Sales & Dev. Co., 915 So. 2d 688, 689 (Fla. 5th DCA 2005) ("[A]n assignment gives the assignee no greater rights . . . than those held by the assignor."); Shreve Land Co. v. J & D Fin. Corp., 421 So. 2d 722, 724 (Fla. 3d DCA 1982) ("The law is well settled that an assignee succeeds to his assignor's rights under the assignment . . . and takes it with all the burdens to which it is subject in the hands of the assignor.")). Thus, because the property is located in Bay County, Florida, Structural Wrap performed the services for which it is seeking payment in Bay County, Florida, and there is no allegation in the record that Jason Hickle has any connection to Miami-Dade County, Florida, we find no abuse of discretion by the trial court in transferring the case to Bay County.
Affirmed.