Ronald S. Hilton, individually, Maryceli Medina, individually, and Hilton Medina Insurance Agency, Inc., a Florida corporation vs Allstate Insurance Company, a foreign corporation, KSRM, LLC, d/b/a Family First Insurance Services, and Kenneth Merrell, individually

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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D21-3600 _____________________________ RONALD S. HILTON, individually, MARYCELI MEDINA, individually, and HILTON MEDINA INSURANCE AGENCY, INC., a Florida corporation, Appellants, v. ALLSTATE INSURANCE COMPANY, a foreign corporation, KSRM, LLC, d/b/a FAMILY FIRST INSURANCE SERVICES, and KENNETH MERRELL, individually, Appellees. _____________________________ On appeal from the Circuit Court for Duval County. Eric C. Roberson, Judge. November 23, 2022 PER CURIAM. AFFIRMED. See Snow v. Ruden, McClosky, Smith, Schuster & Russell, P.A., 896 So. 2d 787, 792 (Fla. 2d DCA 2005) (“[T]he duty of good faith performance does not exist until a plaintiff can establish a term of the contract the other party was obligated to perform and did not.”); Sunshine Gasoline Distribs., Inc. v. Biscayne Enters., Inc., 139 So. 3d 978, 980 n.1 (Fla. 3d DCA 2014). BILBREY, M.K. THOMAS, and LONG, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Alan D. Henderson of Henderson Law, P.A., Ponte Vedra Beach; Rebecca B. Creed of Creed & Gowdy, P.A., Jacksonville, for Appellants. Kristen M. Fiore of Akerman LLP, Tallahassee; Sowmya Bharathi and Michael C. Marsh of Akerman LLP, Fort Lauderdale; Octavia Green of Akerman LLP, Atlanta, Georgia for Appellee Allstate Insurance Company. 2

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