JACK P. HOYT, APPELLANT,
v.
ST. LUCIE COUNTY, BOARD OF COUNTY COMMISSIONERS, APPELLEE
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PER CURIAM.
We grant appellee’s motion for rehearing and clarification, withdraw our former opinion and substitute the following opinion.
We reverse the summary final judgment of foreclosure entered in favor of appellee and remand. The record reveals a disputed issue of material fact regarding the duration of the code violation. Appellee relies on an affidavit of the secretary of the code enforcement board stating that she is making the affidavit based upon her personal knowledge, and that she has read the complaint “which is true in substance and in fact.” The affidavit was not mentioned in appellee’s brief and was indexed in the record under the heading “Affidavit in Support of Award of Attorney’s Fees”.
Appellee has not shown that the secretary of the code enforcement board would necessarily possess personal knowledge of the condition of appellant’s property. Therefore, the affidavit does not fall within the exception to the rule requiring the affiant to state in detall the facts showing that he/she has personal knowledge of the matters stated therein. Carter v. Cessna Finance Corporation, 498 So. 2d 1319 (Fla. 4th DCA 1986).
GLICKSTEIN, GUNTHER and POLEN, JJ., concur.
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United States Fid. & Guar. Co. v. Juan and Julia Romay, 744 So. 2d 467 (Fla. 3d DCA 1999)…ti and remand with directions that the trial court require compliance with the policy’s preconditions to appraisal before granting motions to compel appraisal. We affirm the order in Rivero. We recede from our opinion in Allstate Ins. Co. v. Sierra, 705 So. 2d 119 (Fla. 3d DCA 1998) and its progeny. We remand for further proceedings consistent with the views expressed in this opinion. . See Allstate Ins. Co. v. Sierra, 705 So. 2d 119 (Fla. 3d DCA 1998); Perez v. Allstate Ins. Co., 709 So. 2d 591 (Fla. 3d DC…1 / 3
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Zenaida Perez v. Allstate Ins. Co., 709 So. 2d 591 (Fla. 3d DCA 1998)…on the sole condition that the insured file the sworn proof of loss required by the policy in support of her claim for additional insured damages, the order below denying appraisal is reversed on the authority of All [*592] state Ins. Co. v. Sierra, 705 So. 2d 119 (Fla. 3d DCA 1998), and the cause is remanded with directions to order appraisal. SCHWARTZ, C.J., and GREEN, J., concur. COPE, J., concurs in part and dissents in part.…
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Poppy Chimerakis v. Sentry Ins. Mut. Co., 804 So. 2d 476 (Fla. 3d DCA 2001)…e an appraiser as a breach of contract, thereby relieving her of further performance under the policy, and filed the suit to compel appraisal/arbitration. [*478] While her suit was pending below, we issued our opinion in Allstate Ins. Co. v. Sierra, 705 So. 2d 119 (Fla. 3d DCA 1998), which held that where the existence of an appraisal provision was not in dispute, the insurer was required to submit to an appraisal as a matter of law. Sierra did not address whether the insured was required to perform any condi…
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- J.R. Carter v. Cessna Fin. Corp., 498 So. 2d 1319 (Fla. 4th DCA 1986)