McCabe v. Florida Power and Light Co.

EHRLICH, MERRILEE, Associate Judge.

David McCabe (“Plaintiff’) appeals from a final summary judgment in favor of Florida Power and Light (“FPL”) in a negligence action where liability was stipulated to and where Plaintiff sought damages from FPL which allegedly resulted from a fire caused by a power line that fell on Plaintiffs house. We hold that: (1) the circuit court erred in granting final summary judgment, as the amount of damages is a fact still in dispute; and (2) the insurer’s and FIGA’s (the Florida Insurance Guaranty Association) satisfaction and releases do not bind Plaintiff even…