Practice Area: Insurance
Date: April 26, 2016
Outcome: Final Summary Judgment for Defendant!
Defendant's (my) Motion for Final Summary Judgment GRANTED. Based upon the language of the contract, the Plaintiff should have submitted its bills to the insurance company before filing suit against the homeowner. Plaintiff filed suit on their construction lien to foreclose my client's home BEFORE revoking the assignment and BEFORE submitting its bill to the insurance company. Plaintiff filed its Motion for Rehearing on 11/6/2015, and Defendant filed her response on 11/12/2015. Rehearing was denied on December 10, 2015. Plaintiff filed its Petition for Writ of Certiorari on December 2, 2015, within 30 days of the Order Granting Final Summary Judgment. In the meantime, we dismissed two out of three of the Defendant's Counterclaims. And the Fourth District Court of Appeal ultimately dismissed the Plaintiff's Petition for Writ of Certiorari on April 11, 2016. The Plaintiff offered to walk away from his lien in exchange for an agreement for each party to bear their own fees and costs, which my client, Sheila Dela Cruz accepted. A Final Order of Dismissal was entered on April 26, 2016.