Jozsef Basco v. Citizens Property Insurance Corporation, 27 Fla. L. Weekly Supp. 1018a (Fla. Jan. 16, 2020). In Miami-Dade County Case No. 2017-001602-CA-01, Judge Jose Rodriguez granted Defendant’s Motion for Summary Judgment in lawsuit arising from a denied windstorm loss, finding the Plaintiff’s expert affidavit was insufficient to raise a disputed issue of material fact because there was no supporting evidence or test performed to support the opinion and it failed to meet admissibility standards outlined in Gonzalez v. Citizens Property Insurance Corporation. 273 So. 3d 1031 (Fla. 3d DCA 2019). In Gonzalez, the court created an exception to the general rule that “[i]f there is disputed evidence on a material issue of fact, summary judgment must be denied and the issue submitted to the trier of fact.” Id. at 1035. Rather, the Gonzalez court stated that “affidavits opposing summary judgment must identify admissible evidence that creates a genuine issue of material fact,” and “[t]he focus is on whether the affidavits show evidence of a nature that would be admissible at trial.” Gonzalez at 1036. In creating this exception, the appellate court cited to the principle that “no weight may be accorded [to] an expert opinion which is totally conclusory in nature and is unsupported by any discernible, factually-based chain of underlying reasoning.” Id. at 1037 (quoting Div. of Admin. v. Samter, 393 So. 2d 1142, 1145 (Fla. 3d DCA 1981)).
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