The opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
LUIS BROWN and MIRTA MORENO a/k/a MIRTA BROWN,
Appellants,
v.
SAFEPOINT INSURANCE,
Appellee.
No. 2D2023-1097
March 7, 2025
Appeal from the Circuit Court for Hillsborough County; Cheryl K.
Thomas, Judge.
Erik T. Barnard of Watson et Barnard, PLLC, Miami, for Appellants.
Patrick M. Chidnese and Frieda C. Lindroth of Bickford & Chidnese, LLP,
Tampa, for Appellee.
PER CURIAM.
Luis Brown and Mirta Moreno appeal the trial court's order
dismissing their complaint filed against their insurer, Safepoint
Insurance, with prejudice for failing to file it within the applicable statute
of limitations. We reject without further discussion Mr. Brown and Ms.
Moreno's argument that the trial court erred by failing to equitably toll
the statute of limitations. And in accordance with the reasoning in this
court's recent decision in Buis v. Universal Property & Casualty Insurance
Co., 394 So. 3d 738 (Fla. 2d DCA 2024), we also reject their argument
that section 627.70152(3), Florida Statutes (2022), retroactively applied
to their 2017 insurance policy and tolled the statute of limitations. For
the same reasons set forth in Buis, we certify conflict with Cantens v.
Certain Underwriters at Lloyd's London, 388 So. 3d 242 (Fla. 3d DCA
2024), and Cole v. Universal Property & Casualty Insurance Co., 363 So.
3d 1089 (Fla. 4th DCA 2023).
Affirmed; conflict certified.
VILLANTI, LUCAS, and ATKINSON, JJ., Concur.
Opinion subject to revision prior to official publication.
2