On September 4, 2024, the Third District Count of Appeal issued its opinion in Citizens Property Insurance Corporation v. Cheria Walden, which granted a writ of certiorari and quashed an order denying Citizens ‘s Motion to Dismiss the Complaint for failure to comply with pre-suit notice requirements under section 627.70152 of the Florida Statutes. The trial court denied the Motion to Dismiss on the basis that Florida Statute, Section 627.70152’s pre-suit notice requirements do not apply to a declaratory judgment action. The Third DCA determined that the trial court departed from the essential requirements of the law by denying the Motion to Dismiss, as the Complaint effectively alleged a breach of contract claim against Citizens, triggering the pre-suit notice requirements. This ruling means that property insurance carriers can seek dismissals if the pre-suit notice requirements of Florida Statute, Section 627.70152 are not met, even if a declaratory judgment action is pled that is a thinly veiled breach of contract claim. View the opinion here.