Background
Robert Sorensen appealed from a Miami-Dade County circuit-court case against Citizens Property Insurance Corporation. The lower tribunal case was No. 20-23032-CA-01, before Judge William Thomas.
The per curiam opinion identifies issues concerning an insurance appraisal, including whether arguments raised in a rehearing motion were preserved and whether matters involving allegedly duplicated loss items concern the amount of loss.
The Court’s Holding
The Third District Court of Appeal affirmed. It did so without a separate factual or procedural discussion beyond its cited authorities.
The court cited authority stating that new and different arguments first raised in an unsuccessful rehearing motion generally are not preserved. It also cited cases recognizing that an insured’s claim may be ripe for appraisal when coverage for the initial claim has been admitted and the claim remains open for adjustment, and that an insurer’s assertion of duplicated itemized losses presents an amount-of-loss issue for appraisers.
Key Takeaways
- The appellate court affirmed the circuit court’s ruling.
- Arguments first raised in a denied rehearing motion generally are unpreserved.
- Disputes over allegedly duplicated itemized losses may fall within the appraisers’ province as amount-of-loss issues.
Why It Matters
The decision reinforces preservation limits in Florida civil appeals and the distinction between appraisal disputes over the amount of loss and issues for judicial resolution.