RONALD HILTON MARYCELI MEDINA HILTON MEDINA INSURANCE AGENCY INC v. ALLSTATE INSURANCE COMPANY KSRM LLC FAMILY FIRST INSURANCE SERVICES KENNETH MERRELL (2022)

District Court of Appeal of Florida, First District.

RONALD S. HILTON, individually, MARYCELI MEDINA, individually, and HILTON MEDINA INSURANCE AGENCY, INC., a Florida corporation, Appellants, v. ALLSTATE INSURANCE COMPANY, a foreign corporation, KSRM, LLC, d/b/a FAMILY FIRST INSURANCE SERVICES, and KENNETH MERRELL, individually, Appellees.

No. 1D21-3600

Decided: November 23, 2022

Alan D. Henderson of Henderson Law, P.A., Ponte Vedra Beach; Rebecca B. Creed of Creed & Gowdy, P.A., Jacksonville, for Appellants. Kristen M. Fiore of Akerman LLP, Tallahassee; Sowmya Bharathi and Michael C. Marsh of Akerman LLP, Fort Lauderdale; Octavia Green of Akerman LLP, Atlanta, Georgia for Appellee Allstate Insurance Company.

AFFIRMED. See Snow v. Ruden, McClosky, Smith, Schuster & Russell, P.A., 896 So. 2d 787, 792 (Fla. 2d DCA 2005) (“[T]he duty of good faith performance does not exist until a plaintiff can establish a term of the contract the other party was obligated to perform and did not.”); Sunshine Gasoline Distribs., Inc. v. Biscayne Enters., Inc., 139 So. 3d 978, 980 n.1 (Fla. 3d DCA 2014).

PER CURIAM.

BILBREY, M.K. THOMAS, and LONG, JJ., concur.

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