KIDWELL GROUP LLC v. FIRST LIBERTY INSURANCE CORP (2021)

District Court of Appeal of Florida, Fifth District.

The KIDWELL GROUP, LLC d/b/a Air Quality Assessors of Florida and Oriana Schoneberg, Appellants, v. The FIRST LIBERTY INSURANCE CORP., Appellee.

Case No. 5D21-85

Decided: November 05, 2021

Mark A. Nation, and Paul W. Pritchard, of The Nation Law Firm, Longwood, for Appellants. Scot E. Samis, and C. Ryan Jones, of Traub Lieberman Straus & Shrewsberry, LLP, St. Petersburg, for Appellee.

The Kidwell Group LLC, d/b/a Air Quality Assessors of Florida appeals the final summary judgment entered in favor of The First Liberty Insurance Corp. (“First Liberty”), arguing that the record below was legally insufficient to allow the court to enter summary judgment. We agree. Because we further find that the record, as currently established, is likewise insufficient to justify an affirmance on any other grounds, we decline First Liberty's invitation to affirm under the “tipsy coachman” rule. See Dade Cnty. Sch. Bd. v. Radio Station WQBA, 731 So. 2d 638 (Fla. 1999) (“[I]f a trial court reaches the right result, but for the wrong reasons, it will be upheld if there is any basis which would support judgment in the record.”).

REVERSED and REMANDED for further proceedings.

PER CURIAM.

EVANDER, EISNAUGLE and HARRIS, JJ., concur.

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