August 15, 2023Share
Kelley Kronenberg Awarded Full Defense Ruling, Dismissing Assignor/Plaintiff’s Action With Prejudice
In a compelling victory, Kelley Kronenberg Partner, Daniel Montgomery, prevailed on Defendant’s Motion to Dismiss, putting an end to Plaintiff’s suit to recover the costs of a restoration invoice under an assignment of benefits. The Honorable John Flynn, of the County Court of Florida’s Tenth Judicial Circuit, in Polk County, Florida, presided.
In this water loss case, Plaintiff, as an assignee of benefits, filed a complaint for non-payment of their invoice. In response, Daniel filed a Motion to Dismiss, arguing Plaintiff’s assignment of benefits was non-compliant with section 627.7152, Florida Statutes, as the estimate was executed one day after the assignment of benefits and, while the AOB was signed by both parties, the estimate was only signed by the assignor.
Plaintiff argued that executed contracts can be signed in multiple parts to form one agreement; thus, the estimate should be joined to the pre-existing assignment between the parties. The Court rejected this argument and granted Defendant’s Motion to Dismiss with prejudice, finding that an estimate executed one-day after the assignment of benefits was non-compliant with section 627.7152, Florida Statutes. In doing so, the Court reinforced the necessity of adhering to the necessary requirements laid out section 627.7152.
By securing this dismissal with prejudice, Daniel Montgomery shielded our client from liability and cemented his reputation for unparalleled legal expertise and fierce dedication to his clients.