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Writer's pictureCourtney Kilbourne

Case Law alert - Real property - Motion in Limine - Breach of contract claim

Vazquez v. Citizens Prop. Ins. Corp. (Fla. App., 2019)

Glendys Vazquez appeals the trial court's order granting a motion in limine precluding evidence of matching costs and the Amended Final Judgment in favor of Citizens Property Insurance Corporation on her breach of insurance contract claim. Citizens cross-appeals the Amended Final Judgment in favor of Ms. Vazquez as to the court directing verdict on a count of declaratory action. We affirm the order on the motion in limine and the trial court's denial of reconsideration based on the trial court's adherence to the plain language of the policy and applicable statute in limiting the evidence. We reverse the trial court's entry of judgment on the breach of contract claim based on procedural error and entry of directed verdict on the declaratory judgment action as the issue was moot.

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