REYES v. UNITED PROPERTY CASUALTY INSURANCE COMPANY (2022)

District Court of Appeal of Florida, Third District.

Miriam REYES, Appellant/Cross-Appellee, v. UNITED PROPERTY & CASUALTY INSURANCE COMPANY, Appellee/Cross-Appellant.

No. 3D19-1899

Decided: February 23, 2022

Before LOGUE, HENDON, and LOBREE, JJ.

Giasi Law, P.A., and Erin M. Berger and Melissa A. Giasi (Tampa), for appellant/cross-appellee. Banker Lopez Gassler P.A., and Sarah Lahlou-Amine (Tampa), for appellee/cross-appellant.

Affirmed. See Brown v. Estate of Stuckey, 749 So. 2d 490, 496 (Fla. 1999) (“[A]n appellant seeking to overturn [a trial court's order granting a new trial] has a heavy burden and any abuse of discretion by the trial court must be clear from the record.”); Van v. Schmidt, 122 So. 3d 243, 253 (Fla. 2013) (“The mere showing that there was evidence in the record to support the jury verdict does not demonstrate an abuse of discretion.”); Vargas v. Safepoint Ins. Co.,333 So.3d 752 (Fla. 3d DCA Jan. 12, 2022) (“We agree with the Fourth District and apply this ‘more common’ definition of the term ‘false statement’ to include an element of intent.”).

PER CURIAM.

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