Third District Court of Appeal

State of Florida 

Opinion filed June 22, 2022.

Not final until disposition of timely filed motion for rehearing.

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No. 3D21-2165

Lower Tribunal No. 19-6769CC

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Citizens Property Insurance Corporation,

Appellant,

vs.

Dasaro Enterprise, Inc., etc.,

Appellee.

An Appeal from the County Court for Miami-Dade County, Gloria 

Gonzalez-Meyer, Judge.

Lydecker LLP, and Michelle Diverio and Janice Lopez, for appellant.

No appearance, for appellee.

Before SCALES, LINDSEY and MILLER, JJ. 

PER CURIAM.
2

Appellant Citizens Property Insurance Company, the defendant below,

appeals a series of orders that effectively entered final summary judgment 

against Citizens in the amount of $2,822.15. The judgment stems from a 

$5,822.15 invoice that appellee Dasaro Enterprise, Inc. (“Dasaro”), as the 

assignee of Citizens’s insured, sent to Citizens for emergency water 

mitigation services Dasaro provided at the home of Citizens’s insured. The 

underlying homeowner’s insurance policy’s “Reasonable Emergency 

Measures” provision, though, limits to $3000 Citizens’s payment obligation 

for necessary measures taken solely to protect the property from further 

damage, unless Citizens approves a “request . . . to exceed the [$3,000]

limit” within forty-eight hours of receiving a request.1 Having received no 

such “request” – other than Dasaro’s invoice for work already completed –

Citizens paid Dasaro only the $3,000 policy limit.

In May 2019, Dasaro brought this action in the county court for MiamiDade County, seeking the $2,822.15 difference between its invoice and the 

policy limit paid to it by Citizens. The trial court entered the challenged 

orders, accepting Dasaro’s arguments below that (i) its invoice for completed

1 This policy provision provides that if Citizens fails to respond within fortyeight hours of its receipt of the insured’s request, “[the insured] may exceed 

the [$3,000] amount . . . only up to the cost incurred by [the insured] for the 

reasonable emergency measures necessary to protect the covered property 

from further damage.”
3

repairs was tantamount to the “request” contemplated in the “Reasonable 

Emergency Repairs” provision; and (ii) because Citizens did not pay, or 

otherwise respond to, the invoice within forty-eight hours, the “request” was 

deemed approved.

When the trial court entered the challenged orders, though, neither the 

parties, nor the trial court, had the benefit of our recent decision in All 

Insurance Restoration Services, Inc. v. Citizens Property Insurance Corp., 

328 So. 3d 1057 (Fla. 3d DCA 2021). All Insurance Restoration Services is 

controlling and compels us to reverse the challenged orders, and remand for 

the trial court to enter a final judgment for Citizens. Id. at 1061 (“Seeking 

payment of an invoice for services already rendered does not equate to 

requesting authorization to exceed the $3,000 limit. Therefore, although 

Citizen[s] is required to respond within forty-eight hours to a request to 

exceed the $3,000 limit for reasonable emergency measures, it is not 

required to respond to a demand for payment of an invoice for reasonable 

emergency measures already rendered to an insured. As such, the trial court 

properly entered final summary judgment in favor of Citizens and against 

AIRS because under the unambiguous language in the insurance contract, 

Citizens satisfied its contractual obligations when it submitted the $3,000 

check to AIRS.”).
4

Reversed2 and remanded with instructions.

2 One of the orders appealed by Citizens is an October 4, 2021 order that, 

while not entirely clear, purports to dismiss the case as a mechanism for 

establishing that Dasaro was the prevailing party in the lower proceeding. 

We quash, rather than reverse, this October 4, 2021 order.