What did the appellate court decide?

The appellate court affirmed the lower court's judgment, meaning the circuit court's decision stands.

Does this opinion explain why the court ruled this way?

No. The disposition is a short per curiam affirmance without written reasoning in this document.

Who is affected by this decision?

The parties to the appeal—the Kemps (appellants) and Homeowners Choice Property & Casualty Insurance Company (appellee)—are affected because the lower court's outcome remains in force.

Can the Kemps seek further review?

Yes. The Kemps may request rehearing in the district court or seek discretionary review (such as a petition to the Florida Supreme Court), subject to applicable deadlines and standards for review.

Edward Kemp and Roberta Kemp v. Homeowners Choice Property & Casualty Insurance Company, Inc.

Docket 6D2025-0068

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilAffirmed

Filed: Apr 21, 2026 · 1 week ago
Jurisdiction: Florida
Court: District Court of Appeal of Florida
Type: Opinion
Case type: Civil
Disposition: Affirmed
Docket: 6D2025-0068

Appeal from the Circuit Court for Lee County

Summary

The Sixth District Court of Appeal reviewed an appeal by Edward and Roberta Kemp from a Lee County circuit court decision involving Homeowners Choice Property & Casualty Insurance Company. The appellate court issued a short per curiam opinion on April 21, 2026, simply stating the judgment was affirmed. No written opinion with reasoning was provided in the document; the court's summary disposition affirms the lower court's ruling without published explanation. The panel of Judges Stargel, Gannam, and Pratt concurred.

Issue Decided

Whether the circuit court's judgment adverse to the Kemps should be reversed

Parties

Appellant: Edward Kemp
Appellant: Roberta Kemp
Appellee: Homeowners Choice Property & Casualty Insurance Company, Inc.
Judge: Kyle Cohen
Attorney: Terrence L. Lavy
Attorney: Joseph A. Matera
Attorney: Andrew A. Labbe

Key Dates

Decision date: 2026-04-21

What You Should Do Next

1
Consider filing a motion for rehearing
The appellants may file a motion for rehearing in the Sixth District within the time allowed if they believe the court overlooked material points; the opinion notes rehearing time limits apply.
2
Evaluate petition for discretionary review
If rehearing is denied or not filed, the appellants can consult counsel about seeking review by the Florida Supreme Court, assessing whether the case presents a legal question of broad significance.
3
Comply with lower-court judgment
Unless further relief is obtained, the parties should comply with the circuit court's judgment as affirmed by the appellate court.

Frequently Asked Questions

What did the appellate court decide?: The appellate court affirmed the lower court's judgment, meaning the circuit court's decision stands.
Does this opinion explain why the court ruled this way?: No. The disposition is a short per curiam affirmance without written reasoning in this document.
Who is affected by this decision?: The parties to the appeal—the Kemps (appellants) and Homeowners Choice Property & Casualty Insurance Company (appellee)—are affected because the lower court's outcome remains in force.
Can the Kemps seek further review?: Yes. The Kemps may request rehearing in the district court or seek discretionary review (such as a petition to the Florida Supreme Court), subject to applicable deadlines and standards for review.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

SIXTH DISTRICT COURT OF APPEAL
                       STATE OF FLORIDA
                      _____________________________

                           Case No. 6D2025-0068
                      Lower Tribunal No. 23-CA-011011
                      _____________________________

                      EDWARD KEMP and ROBERTA KEMP,

                                  Appellants,

                                      v.

   HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC.,

                                 Appellee.
                      _____________________________

                 Appeal from the Circuit Court for Lee County.
                             Kyle Cohen, Judge.

                                April 21, 2026

PER CURIAM.

      AFFIRMED.

STARGEL, GANNAM and PRATT, JJ., concur.


Terrence L. Lavy, of Schmucker & Lavy Legal, North Fort Myers, for Appellants.

Joseph A. Matera and Andrew A. Labbe, of Salmon, Salmon, Labbe & Dehne, P.A.,
Tampa, for Appellee.


 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
             AND DISPOSITION THEREOF IF FILED