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BEVERLY v. STATE FARM FLORIDA INS. CO.

No. 2D09-2317.

50 So.3d 628 (2010)

Lloyd BEVERLY and Edith Beverly, Appellants, v. STATE FARM FLORIDA INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 3, 2011.

Attorney(s) appearing for the Case

Raymond T. Elligett, Jr. , of Buell & Elligett, P.A., Tampa, and David J. Pettinato of Merlin Law Group, P.A., Tampa, for Appellants.

Elizabeth K. Russo of Russo Appellate Firm, P.A., Miami, and Butler, Pappas, Weihmuller, Katz, Craig, LLP, Tampa, for Appellee.

LaROSE, Judge.

Lloyd and Edith Beverly appeal a final summary judgment entered in favor of State Farm Florida Insurance Company. The Beverlys sued State Farm for insurance benefits after their home sustained hurricane damage. They also sought attorney's fees under section 627.428, Florida Statutes (2004). Summary judgment was improper because genuine issues of material fact remain unresolved. Accordingly, we reverse.

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