35 Fla. L. Weekly D235b
NOT FINAL VERSION OF OPINION
Subsequent Changes at 35 Fla. L. Weekly D741a
Insurance — Civil remedy for Insurance Code violations — Final summary judgment in favor of insurer reversed — Remand for entry of final judgment dismissing case without prejudice for failing to file sufficiently specific civil remedy notice, as required by statute
SUBSTITUTED OPINION at 35 Fla. L. Weekly D741a. 31 So. 3d 915
ANGELLA FENDERSON, Appellant, v. UNITED AUTOMOBILE INSURANCE COMPANY, Appellee. 4th District. Case No. 4D08-2894. January 27, 2010. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Richard D. Eade, Judge; L.T. Case No. 06-7453 05. Counsel: Douglas P. Johnson of Douglas P. Johnson & Associates, Davie, for appellant. Juan C. Montes and LaShawn Legair of Lidsky, Vaccaro, Montes & Martinez Attorneys at Law, P.A., Hialeah, for appellee.ON MOTION FOR REHEARING
(Per Curiam.) We grant the appellant’s motion for rehearing, and substitute the following for our November 18, 2009 opinion.
We reverse the final summary judgment in favor of the appellee, and remand to the circuit court for the entry of a final judgment dismissing the case without prejudice for failing to file a sufficiently specific civil remedy notice complying with section 624.155(3)(a), Florida Statutes (2004). See Villa Maria Nursing & Rehab. Ctr., Inc. v. S. Broward Hosp. Dist., 8 So. 3d 1167, 1171-72 (Fla. 4th DCA 2009) (dismissal should be without prejudice where plaintiff still has time to comply with statutory notice provision that is condition precedent to filing suit).
Reversed and remanded. (Stevenson and Gerber, JJ., and Brown, Lucy Chernow, Associate Judge, concur.)
