UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY
v.
WENDY D. MONTGOMERY AND MORRIS L. MONTGOMERY
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Universal Property & Casualty Insurance Company appealed a lower court decision against it. The appellate court affirmed the lower court's judgment, citing parallel precedent in Rodriguez, and dismissed the Montgomerys' conditional cross-appeal as moot.
The court affirmed the lower court's decision. Because the main appeal was affirmed, the Montgomerys' conditional cross-appeal was dismissed as moot.
“Because the direct appeal is affirmed, the conditional cross-appeal is dismissed as moot.”
Establishes the procedural consequence of affirming the main appeal—the cross-appeal becomes moot and is dismissed.
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Join FLexlaw to unlock all legal intelligenceThe opinion provides minimal factual detail, referring readers to the Rodriguez precedent for the substantive facts. The case involves a dispute betwe…
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SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA Case No. 6D2024-0239 Lower Tribunal No. 2019-CA-000742 UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant/Cross-Appellee, V. WENDY D. MONTGOMERY and MORRIS L. MONTGOMERY, Appellees/Cross-Appellants. Appeal from the Circuit Court for Polk County. Brandon J. Rafool, Judge. March 6, 2026 PER CURIAM. AFFIRMED. See Universal Prop. & Cas. Ins. Co. v. Rodriguez, No. 6D2024-1194, So. 3d ---, 2026 WL 370220 (Fla. 6th DCA Feb. 6, 2026).
Because the direct appeal is affirmed, the conditional cross-appeal is dismissed as moot. See R.J. Reynolds Tobacco Co. v. Brown, 286 So. 3d 877 (Fla. 5th DCA 2019) (dismissing conditional cross-appeal as moot when affirming issues raised on appeal).
STARGEL, WOZNIAK and SMITH, JJ., concur. David A. Noel and Kara Rockenbach Link, of Link & Rockenbach, P.A., West Palm Beach, for Appellant/Cross-Appellee. Mark A. Nation, of The Nation Law Firm, Longwood, for Appellees/Cross-Appellants. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED 2
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- R.J. Reynolds Tobacco Co. v. Margaret Brown for the Estate of Arthur Brown, 286 So. 3d 877 (Fla. 5th DCA 2019)