Universal X Rays, Corp., A/A/O Damaris Broche v. Infinity Auto Insurance Company
CourtDistrict Court of Appeal of Florida
Date FiledJuly 16, 2026
Docket3D2025-0886
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed July 16, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 3D25-0886
Lower Tribunal No. 22-10748-SP-05
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Universal X Rays, Corp., a/a/o Damaris Broche,
Appellant,
vs.
Infinity Auto Insurance Company,
Appellee.
An Appeal from the County Court for Miami-Dade County, Miesha
Darrough, Judge.
Alvarez, Feltman, Da Silva & Costa, P.L., and Paul B. Feltman; Robert
J. Lee, P.A., and Robert J. Lee, for appellant.
Law Offices of Terry M. Torres & Associates, and Robert Phaneuf, for
appellee.
Before, LINDSEY, GORDO and GOODEN JJ.
PER CURIAM.
Affirmed. See Ottey v. Citizens Prop. Ins. Corp., 299 So. 3d 500, 501
(Fla. 3d DCA 2020) (โOur standard of review of an order granting summary
judgment is de novo.โ (quoting White v. Ferco Motors Corp., 260 So. 3d 388,
390 (Fla. 3d DCA 2018)); Betancourt v. Citizens Prop. Ins. Corp., 406 So. 3d
1011, 1013 (Fla. 3d DCA 2025) (โThe court shall grant summary judgment if
the movant shows that there is no genuine dispute as to any material fact
and the movant is entitled to judgment as a matter of law.โ (quoting Fla. R.
Civ. P. 1.510(a))); Luckman v. Wills, 306 So. 3d 990, 993 n.2 (Fla. 3d DCA
2020) (โA trial courtโs evidentiary ruling that excludes an affidavit is reviewed
for an abuse of discretion.โ); State Farm Mut. Auto. Ins. Co. v. Advanced
X-Ray Analysis, Inc., 368 So. 3d 1049, 1051 (Fla. 3d DCA 2023) (โA party
cannot evade the requirement to timely file based on a trial courtโs
discretionary choice . . . . It is far-fetched to argue a trial court abused its
discretion by enforcing the plain language of a rule of civil procedure
promulgated to place practitioners and courts on notice of what is required.
These rules are not advisory and are meant to provide time limits to raise
arguments and present evidence in order to prevent gamesmanship, unfair
surprise, and prejudice.โ).
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