Carlton Bober, Evan Zuckerman, and Ashley M. Arias (Hollywood, FL) (First Party Property/ Appeal) prevailed at the Third Direct Court of Appeals, affirming the granting of Defendant’s Motion to Dismiss for lack of standing. The underlying case arose out of Appellant’s claim that Appellee breached its contract with its insured, Maybet Falcon, by refusing to pay for services rendered to Ms. Falcon by Appellant. Appellant alleges that Appellee owes it $2,200 for its mold assessment work pursuant to the Assignment of Benefits Agreement executed by Ms. Falcon.
Appellee moved to dismiss Appellant’s Amended Complaint on the grounds that the assignment agreement violated section 627.7152(2), Florida Statutes, by failing to include a provision allowing the assignor to rescind the assignment agreement by submitting a written notice of rescission. Appellee further alleged that this deficiency triggered the statutory provision invalidating the assignment agreement, thus divesting Appellant of its ability to sue Appellee for breach of contract. On November 22, 2022, the arguments of both parties were presented at the hearing on Appellee’s Motion to Dismiss. Thereafter, the trial court granted Appellee’s motion, dismissed the case with prejudice, and entered final judgment in Appellee’s favor, from which Appellant appealed.
In response to the appeal, we argued that Appellant’s Non-Compliant Assignment Agreement is Void and Invalid and on August 21, 2024, the Third District Court of Appeal affirmed the Trial Court’s granting of Defendant’s Motion to Dismiss.