FLWSUPP 3109SCAL

JOHN SCALISI, Plaintiff, v. SAFE HARBOR INSURANCE COMPANY, Defendant. Circuit Court, 20th Judicial Circuit in and for Lee County. Case No. 23-CA-000066. August 31, 2023. Michael McHugh, Judge. Counsel: Chad M. Weatherstone, for Plaintiff. Dayana Hernandez, Salehi, Boyer, Lavigne, Lombana, P.A., for Defendant.

ORDER ON DEFENDANT’SMOTION TO DISMISS, OR IN THE ALTERNATIVE,ABATE PREMATURE LITIGATION

THIS CAUSE having come on to be heard on the Defendant’s Motion to Dismiss, or in the Alternative, Abate Premature Litigation, for the Hearing on July 17th, 2023, the Court having reviewed the Motion, heard argument of counsel, and being otherwise fully advised in the premises, it is hereby ORDERED that:

1. Defendant’s Motion to Dismiss, or in the Alternative, Abate Premature Litigation is hereby GRANTED.

2. Pursuant to Florida Statute 627.70152 an insured must wait ten (10) days after filing their “Notice of Intent” before filing suit. In this case it was not controverted that suit was filed seven (7) days after the filing of the “Notice of Intent”

3. The statute makes clear that this requirement is a condition precedent to filing suit. Based on that language the case is dismissed without prejudice, but a new case must be filed after the condition precedent is met. Therefore, this case is closed.* * *