GRACE EDELMAN
v.
CITIZENS PROPERTY INSURANCE CORP.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Grace Edelman appealed a summary judgment granted in favor of Citizens Property Insurance Corporation on her breach of contract claim under a homeowner's insurance policy. Citizens conceded on appeal that the evidence supporting its summary judgment motion was not properly authenticated under Florida Rule of Civil Procedure 1.510(c), agreeing that the trial court's ruling could not stand.
The court accepted Citizens' concession of error and vacated the summary judgment. Summary judgments cannot be granted without proper summary judgment evidence in the record, and the defect in authentication rendered the trial court's ruling invalid.
[1] Summary judgment evidence must be properly authenticated in compliance with Florida Rule of Civil Procedure 1.510(c), and a summary judgment cannot be granted absent such…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[I]t is apodictic that summary judgments may not be granted at any type of hearing, absent the existence of 'summary judgment evidence' in the record.”
Court's statement of legal principle regarding requirements for summary judgment
Melissa Giasi represented appellant Grace Edelman in a breach of contract claim against Citizens Property Insurance Corporation regarding a homeowner'…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Florida Rule Of Civil Procedure 1.510(C) cases and more on FLexlaw
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Sandra Perlman, Judge; L.T. Case No. CACE-16-019195.
Melissa A. Giasi of Giasi Law, P.A., Tampa, for appellant. Maureen G. Pearcy of Hinshaw & Culbertson LLP, Coral Gables, for appellee.
ON CONCESSION OF ERROR PER CURIAM. Appellant Grace Edelman filed a claim for breach of contract under a homeowner’s insurance policy that she purchased from Appellee Citizens Property Insurance Corporation. Citizens filed a motion for summary judgment, which was granted by the trial court. On appeal, Appellant argues that the evidence in support of Citizens’ summary judgment motion was not properly authenticated in compliance with Florida Rule of Civil Procedure 1.510(c). In response, Citizens “concedes that the evidence in support of [its] summary judgment motion was not properly authenticated in compliance with [FRCP] 1.510(c).” Thus, Citizens agrees with Appellant that “the trial court’s ruling cannot stand.”
“[I]t is apodictic that summary judgments may not be granted at any type of hearing, absent the existence of ‘summary judgment evidence’ in the record.” Eco-Tradition, LLC v. Pennzoil-Quaker State Co., 137 So. 3d 495, 496 (Fla. 4th DCA 2014) (quoting TRG-Brickell Point NE, Ltd v. Wajsblat, 34 So. 3d 53, 55 (Fla. 3d DCA 2010)). We accept Citizens’ concession of error, and thus vacate the final judgment and remand for further proceedings.
Reversed and Remanded. LEVINE, CONNER and FORST, JJ. concur. * * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Eco-Tradition, LLC v. Pennzoil-Quaker State Co., 137 So. 3d 495 (Fla. 4th DCA 2014)
- Trg-Brickell Point NE, Ltd v. Michael and Marsha Wajsblat, 34 So. 3d 53 (Fla. 3d DCA 2010)