THE KIDWELL GROUP, LLC D/B/A AIR QUALITY ASSESSORS OF FLORIDA AND ORIANA SCHONEBERG
v.
THE FIRST LIBERTY INSURANCE CORP.
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Summary judgment was improper because the record was legally insufficient to support judgment for the defendant.
[1] Summary judgment is improper when the record is legally insufficient to support the judgment, and an appellate court will not affirm on alternative grounds under the tips…
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Join FLexlaw to unlock all legal intelligenceThe Kidwell Group LLC, doing business as Air Quality Assessors of Florida, and Oriana Schoneberg appealed a summary judgment entered in favor of First…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
THE KIDWELL GROUP, LLC
D/B/A AIR QUALITY
ASSESSORS OF FLORIDA
AND ORIANA SCHONEBERG, Appellants, v. Case No. 5D21-85 LT Case Nos. 2020-CV-000020-A-O 2018-SC-27880-O
THE FIRST LIBERTY
INSURANCE CORP., Appellee. ________________________________/ Opinion filed November 5, 2021 Appeal from the County Court for Orange County, Tina Caraballo, Judge. 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.
2
PER CURIAM.
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.
EVANDER, EISNAUGLE and HARRIS, JJ., concur.