Joshua Fonollosa v. American Integrity Insurance Company of Florida
CourtDistrict Court of Appeal of Florida
Date FiledOctober 22, 2026
Docket3D2024-1777
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed October 22, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 3D24-1777
Lower Tribunal No. 14-21984-CA-01
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Joshua Fonollosa, et al.,
Appellants,
vs.
American Integrity Insurance Company of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Tanya
Brinkley and Gina Beovides, Judges.
Neblett Law Group, and David A. Neblett, and James M. Mahaffey III
and John A. Wynn, for appellants.
Cole, Scott & Kissane, P.A., and Brandon J. Tyler and Mark D. Tinker
(Tampa), for appellee.
Before MILLER, LOBREE and GOODEN, JJ.
PER CURIAM.
Affirmed. See § 624.155(3)(b)1.,2.,4., Fla. Stat. (2020) (“The notice . .
. shall state with specificity the following information . . . 1. The statutory
provision, including the specific language of the statute, which the authorized
insurer allegedly violated. 2. The facts and circumstances giving rise to the
violation. . . . 4. Reference to specific policy language that is relevant to the
violation, if any.”); Julien v. United Prop. & Cas. Ins. Co., 311 So. 3d 875,
879 (Fla. 4th DCA 2021) (affirming dismissal of insured’s statutory bad faith
claim where civil remedy notice failed to specify statutory and policy
provisions at issue); Demase v. State Farm Fla. Ins. Co., 351 So. 3d 136,
138 (Fla. 5th DCA 2022) (concluding that even under “more lenient
substantial compliance test” insured’s bad faith claim failed because civil
remedy notice did not comply with section 624.155’s specificity
requirements); Bank of Am., N.A. v. Bank of N.Y. Mellon, 338 So. 3d 338,
341 n.2 (Fla. 3d DCA 2022) (“A trial court does not abuse its discretion in
denying a motion for reconsideration or rehearing which raises an issue that
could have [been], but wasn’t, raised in the initial motion or at the initial
hearing.”); Simeon, Inc. v. Cox, 671 So. 2d 158, 160 (Fla. 1996) (holding that
to comply with the requirements of section 768.72, Florida Statutes, “a
plaintiff must obtain leave from the trial court to amend the complaint before
punitive damages may be asserted. . . . [A]ny punitive damages claim alleged
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prior to a party asking for and receiving leave of the court must be dismissed
or stricken.” (citations omitted); Roberts v. Int’l Speedway Corp., 542 So. 2d
446 (Fla. 5th DCA 1989) (explaining that order denying motion to assess
interest constituted final order where nothing else remained to be done in the
cause).
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