KING v. PEOPLE TRUST INSURANCE COMPANY (2024)

District Court of Appeal of Florida, Sixth District.

Pamela KING, Appellant, v. PEOPLE'S TRUST INSURANCE COMPANY, Appellee.

Case No. 6D2023-3971

Decided: September 13, 2024

Jeremy D. Bailie, of Weber, Crabb & Wein, P.A., St. Petersburg, for Appellant. Mark D. Tinker and Brandon J. Tyler, of Cole, Scott & Kissane, P.A., Tampa, for Appellee.

Pamela King appeals the trial court's October 30, 2023, order dismissing her complaint for failing to comply with section 627.70152(3), Florida Statutes. Based on our recent decision in Hughes v. Universal Property & Casualty Insurance Co., 374 So. 3d 900 (Fla. 6th DCA 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.

PER CURIAM.

NARDELLA and BROWNLEE, JJ., concur. LAMBERT, B.D., Associate Judge, concurs in result only.

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