Elvis Diaz, et al. v. Universal Property & Casualty Insurance Company

Third District Court of Appeal
State of Florida
Opinion filed December 17, 2025.
Not final until disposition of timely filed motion for rehearing.
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No. 3D22-1693
Lower Tribunal No. 20-2852-CA-01
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Elvis Diaz, et al.,
Appellants,
vs.
Universal Property & Casualty Insurance Company,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Mark
Blumstein, Judge.
Pedraza Law, P.A., and Malcolm R. Pedraza (Fort Lauderdale), for
appellants.
Russo Lima Appellate Firm, P. A., and Elizabeth K. Russo and Paulo
R. Lima, for appellee.
Before FERNANDEZ, MILLER and BOKOR, JJ.
PER CURIAM.

2
Affirmed. See Simmons v. Public Health Tr. of Miami-Dade Cnty., 338
So. 3d 1057, 1061 (Fla. 3d DCA 2022) (“Here, the transcripts of the two
hearings held on Jackson’s motion demonstrate that the trial court stated the
reasons for its decision with enough specificity to allow for appellate review
by this Court.”); see also Universal Prop. & Cas. Ins. Co. v. Horne, 314 So.
3d 688, 692 (Fla. 3d DCA 2021) (“[T]he lower court’s conclusion that
Universal waived its post-loss affirmative defense by issuing payment to
Horne was incorrect.”); Axis Surplus Ins. Co. v. Caribbean Beach Club Ass’n,
Inc., 164 So. 3d 684, 689 (Fla. 2d DCA 2014) (“[T]here was no waiver
because the insurer expressly reserved its rights in its reservation of rights
letter . . . .”); Gonzalez v. State Farm Fla. Ins. Co., 65 So. 3d 608, 609 (Fla.
3d DCA 2011) (affirming “summary judgment entered below for the insurer
on the ground that the insured had failed to comply with the pre-suit
requirements of the policy”).