Werks Unlimited, LLC. v. Brown, 999 So. 2d 684 (Fla. 2d DCA 2008). · Go Syfert
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Werks Unlimited, LLC. v. Brown, 999 So. 2d 684 (Fla. 2d DCA 2008). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, 2013–2021 · 2 courts · …decline in an asset's value because of use, wear, obsolescence, or age. at p. 689 ⚠ not in text
85 citation events (85 in the last 25 years) across 9 distinct courts.
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Marquez v. National Fire & Marine Insurance Company (3×) also: Cited as authority (rule), Cited "see"
S.D. Fla. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
as replacement cost policies are intended to operate, following a loss, both actual cash value and the full replacement cost are determined. the difference between those figures is withheld as depreciation until the insured actually repairs or replaces the damaged structure.
examined Cited as authority (rule) Greenaker, Greenaker v. Universal Property & Casualty Insurance Company (6×) also: Cited "see"
Fla. Dist. Ct. App. · 2026 · confidence medium
"In contrast to a replacement cost policy, actual cash value is generally defined as 'fair market value' or '[r]eplacement cost minus normal depreciation,' where depreciation is defined as a 'decline in an asset's value because of use, wear, obsolescence, or age.' " Trinidad v. Fla. Peninsula Ins., 121 So. 3d 433, 438 (Fla. 2013) (alteration in original) (first quoting Black's Law Dictionary 506, 1690 (9th ed. 2009); and then citing Goff v. State Farm Fla. Ins., 999 So. 2d 684, 689 (Fla. 2d DCA 2008)).
cited Cited as authority (rule) Homeowners Choice Property & Casualty Insurance Company, Inc. v. Clark, Clark
Fla. Dist. Ct. App. · 2025 · confidence medium
Co., 999 So. 2d 684, 690 (“‘As replacement cost policies are intended to operate, following a loss, both actual cash value and the full replacement cost are determined.
cited Cited as authority (rule) RR Restoration LLC v. Empire Indemnity Insurance Company
M.D. Fla. · 2023 · confidence medium
Co., 999 So. 2d 684, 689 (Fla. 2d DCA 2008)).
discussed Cited as authority (rule) The Lakeshore Community Association, Inc. v. Everest National Insurance Company
S.D. Fla. · 2022 · confidence medium
Co., 999 So. 2d 684, 688 (Fla. 2d DCA 2008) (holding that insurer’s payment of the appraisal award entitled insureds to section 627.428 attorney’s fees).
cited Cited as authority (rule) FIVE SOLAS, LLC and WILLIAM W. PRICE, P.A. v. RAM REALTY SERVICES, LLC
Fla. Dist. Ct. App. · 2021 · confidence medium
Co., 999 So. 2d 684, 689 (Fla. 2d DCA 2008)).
cited Cited as authority (rule) Paul J. Stann v. The First Liberty Insurance Corporation
11th Cir. · 2021 · confidence medium
Co., 999 So. 2d 684, 688 (Fla. Dist.
cited Cited as authority (rule) Shields v. Metropolitan Property and Casualty Insurance Company
N.D. Miss. · 2020 · confidence medium
Co., 999 So.2d 684, 689 (Fla. Dist.
discussed Cited as authority (rule) Glover v. Liberty Mutual Insurance Company
S.D. Fla. · 2019 · confidence medium
In Goff, the court stated determining the ACV of a home insured under a policy that did not define ACV was not an “insoluble problem” and agreed ACV “is an often-used appraisal term, generally synonymous with market value or fair market value,” which “accounts for the property’s depreciated condition.” 999 So. 2d at 689 (internal quotation marks, citations, and footnote call number omitted).
cited Cited as authority (rule) Henn v. American Family Mut. Ins. Co.
Neb. · 2017 · confidence medium
Co., 999 So. 2d 684, 690 (Fla. App. 2008). - 873 - Nebraska Supreme Court A dvance Sheets 295 Nebraska R eports HENN v. AMERICAN FAMILY MUT.
discussed Cited as authority (rule) Kathy Johnson v. Omega Insurance Company (2×)
Fla. · 2016 · confidence medium
Co., 999 So.2d 684, 688 (Fla. 2d DCA 2008) (policyholder was entitled to attorney’s fees because the insurer only agreed to grant benefits after the action was filed).
discussed Cited as authority (rule) State Farm Florida Insurance Company v. Lime Bay Condominium, Inc.
Fla. Dist. Ct. App. · 2016 · confidence medium
Co., 999 So.2d 684, 688 (Fla. 2d DCA 2008) (holding that the insureds were entitled to section 627.428 attorney’s fees because their lawsuit forced State Farm to request an appraisal and to pay significant additional amounts).
discussed Cited as authority (rule) State Farm Florida Insurance Company v. Lime Bay Condominium, Inc.
Fla. Dist. Ct. App. · 2015 · confidence medium
Co., 999 So. 2d 684, 688 (Fla. 2d DCA 2008) (holding that the insureds were entitled to section 627.428 attorney’s fees because their lawsuit forced State Farm to request an appraisal and to pay significant additional amounts).
examined Cited as authority (rule) Trinidad v. Florida Peninsula Insurance Co. (4×) also: Cited "see", Cited "see, e.g."
Fla. · 2013 · confidence medium
Id. at 689, 690 .
discussed Cited as authority (rule) Hunt v. State Farm Florida Insurance Co. (2×)
Fla. Dist. Ct. App. · 2013 · confidence medium
Co., 999 So.2d 684, 688 (Fla. 2d DCA 2008) (holding insurer’s payment of appraisal award after insured files suit but before judgment is functional equivalent of confession of judgment, entitling insured to section 627.428 attorney’s fees).
cited Cited as authority (rule) Jyurovat v. Universal Property & Casualty Insurance
Fla. Dist. Ct. App. · 2012 · confidence medium
Co., 999 So.2d 684, 689-90 (Fla. 2d DCA 2008).
cited Cited as authority (rule) Florida Insurance Guaranty Ass'n v. Somerset Homeowners Ass'n
Fla. Dist. Ct. App. · 2011 · confidence medium
Co., 999 So.2d 684, 690 (Fla. 2d DCA 2008) (citation omitted).
discussed Cited as authority (rule) De Leon v. GREAT AMERICAN ASSUR. CO. (2×)
Fla. Dist. Ct. App. · 2011 · confidence medium
Co. v. Myrick, 969 So.2d 1121, 1124 (Fla. 2d DCA 2007)); see also Hill, [v. State Farm Florida Insurance Co., 35 So.3d 956, 960-61 (Fla. 2d DCA 2010)]; Goff, [v. State Farm Florida Insurance Co., 999 So.2d 684, 688 (Fla. 2d DCA 2008)]."); see also Pepper's Steel & Alloys, Inc. v. U.S., 850 So.2d 462, 465 (Fla. 2003) ("[t]he statute's [section 627.428] purpose `is to discourage insurance companies from contesting valid claims, and to reimburse insureds for their attorney's fees incurred when they must enforce in court their contract with the insurance company.' Bell v. U.S.B.
discussed Cited as authority (rule) Trinidad v. Florida Peninsula Insurance Co. (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2011 · confidence medium
Co., 999 So.2d 684, 689-90 (Fla. 2d DCA 2008).
cited Cited as authority (rule) Tolar v. ALLSTATE TEXAS LLOYD'S CO.
N.D. Tex. · 2011 · confidence medium
Co., 999 So.2d 684, 689-90 (Fla.App.2008) (holding that overhead and profit is depreciable because they are incorporated into the contractor’s bid); Branch v. Farmers Ins.
cited Cited as authority (rule) Buckley Towers Condominium, Inc. v. QBE Insurance
11th Cir. · 2010 · confidence medium
Co., 999 So.2d 684, 689 (Fla.Dist.Ct.App.2008), the insurance contract does not affirmatively obligate the insured to include depreciation in its initial proof of loss.
discussed Cited as authority (rule) Hill v. State Farm Florida Insurance Co. (2×)
Fla. Dist. Ct. App. · 2010 · confidence medium
Id. at 686.
examined Cited "see" Chun v. Castle Key Indemnity Company (3×)
Fla. Dist. Ct. App. · 2025 · signal: see · confidence high
See id. at 686 .
Retrieving the full opinion text from the archive…
WERKS UNLIMITED, LLC., et al., Appellants,
v.
Gregory S. BROWN Property Appraiser of Santa Rosa County, Florida and Robert G. McClure, Tax Collector for Santa Rosa County, Florida, Appellees.
1D07-6090.
District Court of Appeal of Florida, Second District.
Dec 5, 2008.
999 So. 2d 684
Per Curiam.
Cited by 1 opinion  |  Published

Danny L. Kepner and Thomas J. Gilliam, Jr., of Shell, Fleming, Davis & Menge, P.A., Pensacola, for Appellants.

Elliott Messer and Thomas M. Findley, of Messer, Caparello, & Self, P.A., Tallahassee; Roy V. Andrews, of Lindsay, Andrews & Leonard, P.A., Milton, for Appellees.

PER CURIAM.

Appellants challenge an "Order Granting Defendants' Motion for Partial Summary Judgment and Entry of Partial Final Judgment" based on the doctrines of res judicata and collateral estoppel. We are constrained to REVERSE this ruling and REMAND for further proceedings.

BROWNING, C.J., BARFIELD and THOMAS, JJ., concur.