Katherine Ashley Finfrock, Appellant, v. Security First Insurance Company d/b/a Security First Florida, Appellee. (2023)

District Court of Appeal of Florida, Sixth District.

Katherine Ashley Finfrock, Appellant, v. Security First Insurance Company d/b/a Security First Florida, Appellee.

Case No. 6D23-1190

Decided: December 11, 2023

Gray R. Proctor, Madison, New Jersey, for Appellant. Angela C. Flowers, of Kubicki Draper, Ocala, and Joseph W. Jacquot, of Gunster, Yoakley & Stewart, P.A., Jacksonville, for Appellee. Hope C. Zelinger, Seth J. Feintuch, and Lilian Rodriguez-Baz, of Bressler, Amery & Ross, P.C., Fort Lauderdale, Amicus Curiae for Frontline Insurance i/s/o Appellee. Dinah S. Stein, Mark Hicks, and Aneta McCleary, of Hicks, Porter, Ebenfed & Stein, P.A., Miami, Amicus Curiae for University Property & Casualty Insurance Company i/s/o Appellee.

Katherine Finfrock appeals the trial court's final order granting Appellee, Security First Insurance Company's, motion to dismiss Ms. Finfrock's complaint.¹ Based on our recent decision in Hughes v. Universal Property & Casualty Insurance Co., No. 6D23-296, 2023 WL 8108671 (Fla. 6th DCA Nov. 22, 2023), which is indistinguishable in all material respects from the instant case, we reverse the dismissal and remand this case for further proceedings. For the same reasons set forth in Hughes, we certify this decision to be in direct conflict with Cole v. Universal Property & Casualty Insurance Co., 363 So. 3d 1089 (Fla. 4th DCA 2023).

REVERSED and REMANDED; CONFLICT CERTIFIED.

FOOTNOTES

1. This case was transferred from the Fifth District Court of Appeal to this Court on January 1, 2023.

PER CURIAM.

WOZNIAK, SMITH and BROWNLEE, JJ., concur.

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