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MVP Plumbing, Inc. v. Citizens Prop. Ins. Corp.

Florida Court of Appeals, Third District
Apr 26, 2023
359 So. 3d 885 (Fla. Dist. Ct. App. 2023)

Summary

finding a service sufficiently detailed where "the assignment expressly contemplated appellant would perform a single service, a pipe inspection, for the estimated cost of $750"

Summary of this case from The Kidwell Grp. v. SafePoint Ins. Co.

Opinion

No. 3D22-1219.

04-26-2023

MVP PLUMBING, INC., etc., Appellant, v. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee.

The Law Office of Benjamin Korn, P.L.L.C., and Benjamin Korn , (Orlando), for appellant. Dean, Ringers, Morgan & Lawton, P.A., and Jessica C. Conner , (Orlando), for appellee. Before LOGUE, MILLER, and GORDO, JJ.


The Law Office of Benjamin Korn, P.L.L.C., and Benjamin Korn , (Orlando), for appellant.

Dean, Ringers, Morgan & Lawton, P.A., and Jessica C. Conner , (Orlando), for appellee.

Before LOGUE, MILLER, and GORDO, JJ.

MILLER, J.

In this small claims case, appellant, MVP Plumbing, Inc., appeals a final order dismissing its statement of claim seeking $750 from appellee, Citizens Property Insurance Corporation. The trial court dismissed the claim on the basis that the assignment of benefits appended to the claim failed to contain an "itemized, per-unit cost estimate," as required pursuant to section 627.7152(2)(a)4., Florida Statutes (2021) (amended 2022). Aside from the fact this purported defect was not specified in the motion to dismiss, the assignment expressly contemplated appellant would perform a single service, a pipe inspection, for the estimated cost of $750. Concluding this provision was sufficient to satisfy the statutory edict, we reverse and remand for reinstatement of the claim.

Reversed and remanded.


Summaries of

MVP Plumbing, Inc. v. Citizens Prop. Ins. Corp.

Florida Court of Appeals, Third District
Apr 26, 2023
359 So. 3d 885 (Fla. Dist. Ct. App. 2023)

finding a service sufficiently detailed where "the assignment expressly contemplated appellant would perform a single service, a pipe inspection, for the estimated cost of $750"

Summary of this case from The Kidwell Grp. v. SafePoint Ins. Co.
Case details for

MVP Plumbing, Inc. v. Citizens Prop. Ins. Corp.

Case Details

Full title:MVP Plumbing, Inc., etc., Appellant, v. Citizens Property Insurance…

Court:Florida Court of Appeals, Third District

Date published: Apr 26, 2023

Citations

359 So. 3d 885 (Fla. Dist. Ct. App. 2023)

Citing Cases

The Kidwell Grp. v. SafePoint Ins. Co.

In contrast, here the service was sufficiently detailed because it listed a single service of an engineer…