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The Kidwell Grp. v. The First Liberty Ins. Corp.

Florida Court of Appeals, Fifth District
Nov 5, 2021
No. 5D21-85 (Fla. Dist. Ct. App. Nov. 5, 2021)

Opinion

5D21-85

11-05-2021

THE KIDWELL GROUP, LLC D/B/A AIR QUALITY ASSESSORS OF FLORIDA AND ORIANA SCHONEBERG, Appellants, v. THE FIRST LIBERTY INSURANCE CORP., Appellee.

Mark A. Nation, and Paul W. Pritchard, of The Nation Law Firm, Longwood, for Appellants. Scot E. Samis, and C. Ryan Jones, of Traub Lieberman Straus & Shrewsberry, LLP, St. Petersburg, for Appellee.


NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Appeal from the County Court for Orange County, LT Case Nos. 2020-CV-000020-A-O 2018-SC-27880-O Tina Caraballo, Judge.

Mark A. Nation, and Paul W. Pritchard, of The Nation Law Firm, Longwood, for Appellants.

Scot E. Samis, and C. Ryan Jones, of Traub Lieberman Straus & Shrewsberry, LLP, St. Petersburg, for Appellee.

PER CURIAM

The Kidwell Group LLC, d/b/a Air Quality Assessors of Florida appeals the final summary judgment entered in favor of The First Liberty Insurance Corp. ("First Liberty"), arguing that the record below was legally insufficient to allow the court to enter summary judgment. We agree. Because we further find that the record, as currently established, is likewise insufficient to justify an affirmance on any other grounds, we decline First Liberty's invitation to affirm under the "tipsy coachman" rule. See Dade Cnty. Sch. Bd. v. Radio Station WQBA, 731 So.2d 638 (Fla. 1999) ("[I]f a trial court reaches the right result, but for the wrong reasons, it will be upheld if there is any basis which would support judgment in the record.").

REVERSED and REMANDED for further proceedings.

EVANDER, EISNAUGLE and HARRIS, JJ., concur.


Summaries of

The Kidwell Grp. v. The First Liberty Ins. Corp.

Florida Court of Appeals, Fifth District
Nov 5, 2021
No. 5D21-85 (Fla. Dist. Ct. App. Nov. 5, 2021)
Case details for

The Kidwell Grp. v. The First Liberty Ins. Corp.

Case Details

Full title:THE KIDWELL GROUP, LLC D/B/A AIR QUALITY ASSESSORS OF FLORIDA AND ORIANA…

Court:Florida Court of Appeals, Fifth District

Date published: Nov 5, 2021

Citations

No. 5D21-85 (Fla. Dist. Ct. App. Nov. 5, 2021)