Third District Court of Appeal
State of Florida
Opinion filed April 26, 2023.
Not final until disposition of timely filed motion for rehearing.
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No. 3D22-1219
Lower Tribunal No. 21-30980 SP
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MVP Plumbing, Inc., etc.,
Appellant,
vs.
Citizens Property Insurance Corporation,
Appellee.
An appeal from the County Court for Miami-Dade County, Michael G.
Barket, Judge.
The Law Office of Benjamin Korn, P.L.L.C., and Benjamin Korn
(Orlando), for appellant.
Dean, Ringers, Morgan & Lawton, P.A., and Jessica C. Conner
(Orlando), for appellee.
Before LOGUE, MILLER, and GORDO, JJ.
MILLER, J.
In this small claims case, appellant, MVP Plumbing, Inc., appeals a
final order dismissing its statement of claim seeking $750 from appellee,
Citizens Property Insurance Corporation. The trial court dismissed the claim
on the basis that the assignment of benefits appended to the claim failed to
contain an “itemized, per-unit cost estimate,” as required pursuant to section
627.7152(2)(a)4., Florida Statutes (2021) (amended 2022). Aside from the
fact this purported defect was not specified in the motion to dismiss, the
assignment expressly contemplated appellant would perform a single
service, a pipe inspection, for the estimated cost of $750. Concluding this
provision was sufficient to satisfy the statutory edict, we reverse and remand
for reinstatement of the claim.
Reversed and remanded.
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