DONOVAN v. FLORIDA PENINSULA INS. CO.

No. 4D11-4648.

147 So.3d 566 (2014)

Arlene DONOVAN, Appellant, v. FLORIDA PENINSULA INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

July 9, 2014.


Attorney(s) appearing for the Case

Russel Lazega and Yasmin Gilinsky of Florida Insurance Advocates, Dania Beach, for appellant.

Robert S. Horwitz of Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A., West Palm Beach, and Diane H. Tutt of Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A., Hollywood, for appellee.


CIKLIN, J.

Arlene Donovan appeals the order dismissing with prejudice her cause of action for breach of a property insurance contract. The trial court dismissed the suit based on two grounds: the statute of limitations and a finding that Donovan failed to comply with the insurance contract's notice of loss provision. We agree with Donovan that the judicial act of dismissal was not warranted on either ground, and we reverse and remand for further proceedings.

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