Disiner v. Citizens Property Insurance Co., 50 Fla. L. Weekly D1976 (Fla. 3rd DCA Sept. 3, 2025):

Upon careful de novo review of the record, the court determined that the trial court made improper credibility determinations regarding the insured plaintiffs’ expert witness’s testimony. Credibility determinations, the weighing of evidence, and the drawing of legitimate inferences from the facts are jury functions and not those of a judge, at either the summary judgment or directed verdict stage.

Additionally, the record evidence presented a sufficient factual dispute to conclude that the insured plaintiffs met their burden of showing the existence of a triable issue as to the cause of loss, and at least as to some of their damages.

The court reversed the summary judgment, remanding for a trial by jury.