24 Fla. L. Weekly Supp. 329a
Online Reference: FLWSUPP 2405MALOInsurance — Property — Standing — Error to grant motion to dismiss where amended complaint sufficiently alleges that assignor was acting as insured’s authorized agent, not mere interloper
RESTORATION 1 OF THE TREASURE COAST, INC. a/a/o SUE ANN MALONEY, Appellant, v. FIDELITY FIRE & CASUALTY COMPANY d/b/a FRONTLINE HOMEOWNERS INSURANCE, Appellee. Circuit Court, 19th Judicial Circuit (Appellate) in and for St. Lucie County. Case No. 14-AP-27. L.T. Case No. 13-CC-368. October 6, 2015. Appeal from the County Court for St. Lucie County; Thomas Walsh, Jr., Judge. Counsel: Susan Fox, Fox & Loquasto, Orlando, Gray Proctor, Orlando, and Ashley McKinnis, Cohen Battisti, Winter Park, for appellant. Elaine Walter, Gaebe, Mullen Antonelli & DiMatteo, P.A., Coral Gables, for appellee.
(PER CURIAM.) Prior to oral argument, the Appellee filed a notice of abandonment/waiver of certain arguments on appeal based on recent case law. See One Call Property Services Inc. v. Security First Ins. Co., 165 So. 3d 749 (Fla. 4th DCA 2015)[40 Fla. L. Weekly D1196a]. As to the agency issue, we find that the second amended complaint sufficiently alleged that Sue Ann Maloney was acting as John Maloney’s authorized agent, not as a mere interloper. Therefore, the trial court erred in granting the motion to dismiss. Further, since the Appellant is the prevailing party, we grant its motion for appellate attorney’s fees. We remand to the trial court for a determination of the correct amount.
Reversed and remanded. (LEVIN, SWEET, JJ., and DISQUE, Acting Circuit Judge, concur.)
