Maria Morales v. Citizens Property Insurance Corporation

Summary

The Third District Court of Appeal of Florida affirmed a summary judgment in favor of Citizens Property Insurance Corporation. The court relied on precedent concerning an insured’s failure to provide prompt notice of hurricane-related damage and the inability to create a factual dispute by contradicting prior deposition testimony with an affidavit.

Holdings

1. The circuit court's judgment was properly affirmed.

Questions Presented

1. Whether the circuit court properly entered summary judgment for Citizens on the property-insurance claim.
2. Whether a party may create a genuine issue for trial through an affidavit that baldly contradicts the party's prior deposition testimony.

Disposition

affirmed