ANTONIO CRUZ, vs CITIZENS PROPERTY INSURANCE CORPORATION,
Annotate this Case
Download PDF
Third District Court of Appeal State of Florida Opinion filed March 8, 2023. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D22-1252 Lower Tribunal No. 18-24197 ________________ Antonio Cruz, Appellant, vs. Citizens Property Insurance Corporation, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Beatrice Butchko, Judge. Virginia Best, PA, and Virginia M. Best (Ocala), for appellant. Paul R. Pearcy, P.A., and Maureen G. Pearcy, for appellee. Before SCALES, MILLER and BOKOR, JJ. PER CURIAM. Affirmed. See Citizens Prop. Ins. Corp. v. Kings Creek S. Condo, Inc., 300 So. 3d 763, 765-66 (Fla. 3d DCA 2020) (“Under a named perils insurance policy, [the insured] bore the burden to prove that wind, as a covered cause of loss under the policy, caused the damage to the buildings. . . . Because this is a named perils policy, if [the insured] fails to prove that the damage resulted from a named peril, the damage is simply not covered. Thus, [the insurer] is not required to prove a policy exclusion as the basis for its defense.”); Fla. R. Civ. P. 1.510(c)(1)(A) (“A party asserting that a fact . . . is genuinely disputed must support that assertion by . . . citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials[.]”); Rich v. Narog, 47 Fla. L. Weekly D1933, 2022 WL 4360601, at *6 (Fla. 3d DCA Sept. 21, 2022) (determining that conclusory allegations in an affidavit without specific supporting facts lacked the probative value necessary to defeat summary judgment). 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
