Khaled Hatoum v. Citizens Property Insurance Corporation
CourtDistrict Court of Appeal of Florida
Date FiledMarch 18, 2020
Docket3D19-0668
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed March 18, 2020.
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No. 3D19-668
Lower Tribunal No. 17-8640
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Khaled Hatoum,
Appellant,
vs.
Citizens Property Insurance Corporation,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Spencer Eig,
Judge.
Giasi Law P.A., and Melissa A. Giasi and Erin M. Berger (Tampa), for
appellant.
Franklin Legal Group, PA, and Jonathan D. Franklin, for appellee.
Before LOGUE, HENDON, and GORDO, JJ.
ON CONFESSION OF ERROR
HENDON, J.
The plaintiff below, Khaled Hatoum, appeals from a final order entered in
favor of the defendant below, Citizens Property Insurance Corporation (“Citizens”),
on Citizens’ motion for summary judgment. Based on Citizens’ proper confession
of error, we reverse the final order under review and remand for further proceedings.
See Fla. R. Civ. P. 1.510(c) (stating, in part, that a motion for summary judgment
“must state with particularity the grounds upon which it is based and the substantial
matters of law to be argued and must specifically identify any affidavits, answers to
interrogatories, admissions, depositions, and other materials as would be admissible
in evidence (“summary judgment evidence”) on which the movant relies”)
(emphasis added); Fla. R. Civ. P. 1.510(e) (providing that copies of documents
referred to in an affidavit in support of a motion for summary judgment must be
sworn or certified); Gidwani v. Roberts, 248 So. 3d 203, 208 (Fla. 3d DCA 2018)
(“Because ‘only competent evidence may be considered by the court in ruling upon
a motion for summary judgment,’ a document attached to a motion for summary
judgment or a document attached to an affidavit that is not otherwise authenticated
is not competent evidence.”) (quoting Daeda v. Blue Cross & Blue Shield of Fla.,
Inc., 698 So. 2d 617, 618 (Fla. 2d DCA 1997)).
Reversed and remanded for further proceedings.
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