Four Season Water Restoration A/A/O Norman Gonzalez v. Citizens Property Insurance Corporation
CourtDistrict Court of Appeal of Florida
Date FiledAugust 27, 2026
Docket3D2025-2056
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed August 27, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 3D25-2056
Lower Tribunal No. 20-18242-CC-23
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Four Season Water Restoration a/a/o Norman Gonzalez,
Appellant,
vs.
Citizens Property Insurance Corporation,
Appellee.
An Appeal from the County Court for Miami-Dade County, Charles
Kenneth Johnson, Judge.
Cassel & Cassel, P.A., and Michael A. Cassel (Hollywood), for
appellant.
Rothell Law Group, P.A., and Kristi Bergemann Rothell (Greenacres),
for appellee.
Before SCALES, C.J., and LOGUE and BOKOR, JJ.
PER CURIAM.
Affirmed. See Fontainebleau Fla. Hotel LLC v. Westchester Surplus
Lines Ins. Co., 408 So. 3d 862, 864 (Fla. 3d DCA 2025) (“Where the policy
language is plain and unambiguous, no special rule of construction or
interpretation applies, and the court should give the plain language in the
contract the meaning it clearly expresses.” (quoting N. Pointe Cas. Ins. Co.
v. M & S Tractor Servs., Inc., 62 So. 3d 1281, 1282 (Fla. 2d DCA 2011)));
see also You Restorations LLC v. First Protective Ins. Co., 417 So. 3d 358,
367 (Fla. 4th DCA 2025) (concluding that the insured’s failure to protect the
property from further damage after learning of the damage within a few
weeks of a windstorm prejudiced the insurer); cf. Sec. First Ins. Co. v. Visca,
387 So. 3d 313, 318 (Fla. 4th DCA 2024) (observing that the insured’s duty
to act on learning of the damage “is not excused simply because the insured
believed the damage was not severe enough to justify filing a claim”).
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