Maria Mesa v. Citizens Property Insurance Corporation

Summary

The Florida Third District Court of Appeal reversed a final judgment for Citizens Property Insurance Corporation in a first-party property insurance dispute. The court held that the trial court improperly admitted hearsay testimony from Citizens’ corporate representative concerning a field adjuster’s report that was not admitted into evidence and that the error was not harmless. The case was remanded for a new trial on whether wind created a roof opening through which rainwater entered.

Holdings

1. The trial court abused its discretion by allowing Citizens' corporate representative to testify about the contents and opinions of the field adjuster's report when she lacked personal knowledge and the report was not admitted into evidence.
2. The erroneous admission of Wright's hearsay testimony was not harmless because Citizens failed to prove there was no reasonable possibility that the testimony contributed to the jury's verdict.

Questions Presented

1. Whether the trial court abused its discretion by permitting Citizens' corporate representative to testify about the contents and opinions of a field adjuster's report when the representative lacked personal knowledge and the report itself was not admitted into evidence.
2. Whether the erroneous admission of the corporate representative's hearsay testimony was harmless.
3. Whether the final judgment should be reversed and the case remanded for a new trial.

Disposition

reversed_and_remanded