Glades Restoration, LLC a.a.o. Jimmy McKinstry v. Homeowners Choice Property & Casualty Insurance Company, Inc.

Summary

The Florida First District Court of Appeal reversed orders dismissing with prejudice complaints by Glades Restoration, LLC, seeking payment from an insurer under assignments of insurance benefits. The court held that the trial court should have allowed amendment to attach required documentation and that the execution and dating issues concerning a cost estimate could not properly be resolved on a motion to dismiss. The court affirmed the denial of attorney fees under section 57.105 and remanded.

Holdings

1. The trial court abused its discretion by dismissing the first complaint with prejudice and refusing to allow amendment where the plaintiff preserved its request to amend, had not abused the amendment privilege, and represented that the required documentation existed and could satisfy the statute.
2. The trial court erred in dismissing the amended complaint based on the estimate's lack of signatures and the date in its footer.
3. The denial of the insurer's motion for attorney fees was affirmed without further discussion.

Questions Presented

1. Whether the trial court abused its discretion by dismissing the first complaint with prejudice instead of allowing amendment to attach the statutorily required documentation.
2. Whether the trial court properly dismissed the amended complaint based on the unsigned estimate and the date appearing in the document footer.
3. Whether the insurer was entitled to attorney fees under section 57.105, Florida Statutes.

Disposition

reversed_and_remanded