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BLUE STAR RESTORATION INC., (a/a/o Rodolfo Berroa), Appellant, v. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee.

District Court of Appeal of Florida, Third District2019-03-13No. No. 3D18-1742
271 So. 3d 115

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Opinion

majority opinion

PER CURIAM.

Blue Star Restoration Inc., as assignee of Rodolfo Berroas homeowners insurance policy, appeals the trial courts order granting Citizens Property Insurance Corporations Motion for Summary Judgment and entering final summary judgment in Citizens favor and the trial courts order denying Blue Stars Motion for Rehearing/Reconsideration.

Our standard of review of an order granting summary judgment is de novo . White v. Ferco Motors Corp., 260 So.3d 388 (Fla. 3d DCA 2018). We review the record to determine whether there are genuine issues of material fact that preclude summary judgment. Id. (citing Collections, USA, Inc. v. City of Homestead, 816 So.2d 1225, 1227 (Fla. 3d DCA 2002) ). Our review of the record discloses genuine issues of material fact regarding whether the interior rain damage exclusion in the homeowners insurance policy precludes coverage for water-damage repairs involved in this case based on the deposition testimony of Blue Stars expert, Rafael Leyva. Accordingly, we reverse and remand for further proceedings consistent herewith.

Reversed and Remanded.