Universal Property & Casualty Insurance Co. v. Brilus, et al., Case No. 4D2023-2878 (Florida Fourth District Court of Appeal, Feb 19, 2025 – Judge Michael A. Robinson)

(Court reversed and remanded final judgment for $165,668.77 for water leak repairs and directing trial court to issue a remittitur of damages to $96,150, finding that “the only competent evidence of damages was supplied by the insureds’ expert that the costs of repairs was $96,150” and “sworn proof of loss is not competent evidence upon which the jury could reply in assessing damages”; that is, under Section 768.74 Fla. Statute, “a trial court has the responsibility to examine awards for damages for excessiveness or inadequacy ‘in light of the facts and circumstances which were presented to the trier of fact.’ ”)