Third District Court of Appeal
State of Florida
Opinion filed September 29, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-1435
Lower Tribunal No. 19-3430
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Union Restoration, Inc., a/a/o Aimee Valdes,
Appellant,
vs.
Citizens Property Insurance Corporation,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Spencer Eig,
Judge.
Michele K. Feinzig, P.A., and Michele K. Feinzig (Coral Springs), for
appellant.
Paul R. Pearcy, P.A., and Maureen G. Pearcy, for appellee.
Before LOGUE, LINDSEY and LOBREE, JJ.
LOGUE, J.
Union Restoration, Inc. appeals the grant of final summary judgment
for Citizens Property Insurance Corporation. Union Restoration sued for
insurance benefits that it claimed were assigned to it by the insured. The
record reflects that the written assignment upon which Union Restoration
relied did not assign the insured’s right to the claim at issue. Indeed, Union
Restoration altered the written assignment by changing the date of the
claimed loss, changing the number of the claim several times, and adding
the insured’s initials to the alterations. In these circumstances, we have no
difficultly in upholding the summary judgment for Citizens. Gonzalez v.
Citizens Prop. Ins. Corp., 273 So. 3d 1031 (Fla. 3d DCA 2019); Progressive
Express Ins. Co. v. McGrath Cmty. Chiropractic, 913 So. 2d 1281 (Fla. 2d
DCA 2005).
Affirmed.
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