(U.S. Middle District of Florida, Jul 10, 2023 – Judge Steven D. MerryDay) (Order for judgment of dismissal without prejudice, denying Pearson’s motion for entry of a confessed judgment and attorney’s fees, and granting Scottsdale’s motion to dismiss under 12(b)(6) renewed in its motion for summary judgment, and holding that “Scottsdale contends persuasively that, because Pearson sued before conclusion of the appraisal, which Pearson invoked before suing, Scottsdale’s payment of the appraisal award amounts to no confession of judgment;” that is, pursuant to Florida Statutes, “Section 627.70152(3)(a) applies in a federal district court and requires dismissal of a property-insurance action filed without pre-suit notice. Thus, Pearson’s action, filed without pre-suit notice, warrants dismissal.”)
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2022-01530-34-8-cv