Scott Rosso, of the Ft. Lauderdale office, obtained a final dismissal in a first-party assignment of benefits case, where a water mitigation company had sued our client.  Scott drafted a Motion for Summary Judgment that was based on lack of pre-suit notice, as the claims file and notes were void of any assignment, invoice, or estimate from the Plaintiff.  Contrary to this, the Plaintiff argued that such documents had been properly emailed to our client.  The Plaintiff filed a response to Scott’s motion on the second business day prior to the hearing.  Scott argued that the Plaintiff’s response was not only untimely as per Florida Statute § 1.150, which required hand-delivery, but that the Plaintiff had also emailed the pre-suit notice to an incorrect email address to the client’s adjuster.  Although Plaintiff’s counsel attempted to argue that this was a question for the jury, the Judge granted Scott’s Motion for Summary Judgment.