Felipe Sixto v. Citizens Property Insurance Corporation

No. 3D24-998 (Fla. 3d DCA Jan. 21, 2026) · Third District Court of Appeal of Florida · January 21, 2026 · No. No. 3D24-998

Summary

The Third District Court of Appeal of Florida affirmed the trial court’s judgment in favor of Citizens Property Insurance Corporation. The court held that affidavits based on information and belief rather than personal knowledge are inadmissible and cannot be considered in resolving a motion for summary judgment.

Holdings

  1. An affidavit based on information and belief rather than personal knowledge is inadmissible and should not be considered by the trial court on a motion for summary judgment.

Questions Presented

  1. Whether an affidavit based on information and belief rather than personal knowledge is admissible or may be considered in ruling on a motion for summary judgment.

Disposition

affirmed

Cases Cited (4)

  • Campbell v. Salman, 384 So. 2d 1331, 1333 (Fla. 3d DCA 1980)(followed)
  • Thompson v. Citizens Nat. Bank of Leesburg, Fla., 433 So. 2d 32, 32 (Fla. 5th DCA 1983)(followed)
  • Castle Key Ins. Co. v. Raymond H. Duke Enters., Inc., 135 So. 3d 578, 580 n.1 (Fla. 1st DCA 2014)(followed)
  • Custom Design Expo, Inc. v. Synergy Rents, Inc., 327 So. 3d 427 (Fla. 2d DCA 2021)(followed)

Cited In (0)

No citing cases on record yet.

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