OTTEY v. CITIZENS PROPERTY INSURANCE CORPORATION (2020)

Suzzette Ottey appeals an order granting summary judgment in favor of her insurer, Citizens Property Insurance Corporation. Ottey argues that Citizens failed to meet its burden of proving that the damage to her property was excluded from coverage under her insurance policy and that there are triable issues of fact regarding the cause of damage to the property. We agree that issues of material fact preclude summary judgment and reverse the order granting final summary judgment.

“Our standard of review of an order granting summary judgment is de novo.” White v. Ferco Motors Corp., 260 So. 3d 388, 390 (Fla. 3d DCA 2018). “We review the record to determine whether there are genuine issues of material fact that preclude summary judgment.” Id. (citing Collections, USA, Inc. v. City of Homestead, 816 So. 2d 1225, 1227 (Fla. 3d DCA 2002)). A careful review of the appellate record reveals genuine issues of material fact as to: (1) whether Ottey's property sustained physical damage consistent with the reported loss; and (2) what caused that damage, if any. Ottey's deposition testimony regarding these issues is sufficient evidence to raise an issue of fact precluding summary judgment. Thus, we reverse the entry of summary judgment for Citizens and remand for further proceedings.

Reversed and remanded.

PER CURIAM.