FERNANDEZ v. CITIZENS PROPERTY INSURANCE CORPORATION (2021)

Yoani Fernandez and Yadira Somoza appeal from an order entering final summary judgment in favor of their insurer Citizens Property Insurance Corporation. Because we agree with the insureds that disputed issues of material fact remain as to whether a covered peril caused an opening in the door of their home, allowing rain water to enter and damage the interior, we reverse the final summary judgment and remand for further proceedings.¹ See Ortega v. Citizens Prop. Ins. Corp., 257 So. 3d 1171, 1173 (Fla. 3d DCA 2018); Hernandez v. United Auto. Ins. Co., Inc., 730 So. 2d 344, 346 (Fla. 3d DCA 1999).

Reversed and remanded.

FOOTNOTES

1.   We acknowledge that the Florida Supreme Court recently amended Florida Rule of Civil Procedure 1.510(c), adopting the summary judgment standard of Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). See In re: Amendments to Florida Rule of Civil Procedure 1.510, 309 So. 3d 192 (Fla. Dec. 31, 2020). However, as the effective date of the amendment is May 1, 2021, we do not apply that standard in this appeal.

PER CURIAM.