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Progressive Express Ins. Co. v. Neurology Partners, P.A.

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Aug 24, 2018
307 So. 3d 68 (Fla. Dist. Ct. App. 2018)

Opinion

No. 1D18-1350

08-24-2018

PROGRESSIVE EXPRESS INSURANCE COMPANY, Petitioner, v. NEUROLOGY PARTNERS, P.A., d/b/a EMAS Spine & Brain Specialists a/a/o Roderick A. Williams, Respondent.

Michael C. Clarke, Betsy Ellwanger Gallagher, and Danielle M. Lutyk of Kubicki Draper, P.A., Tampa, for Petitioner. Adam Saben of Shuster & Saben, LLC, Jacksonville, for Respondent.


Michael C. Clarke, Betsy Ellwanger Gallagher, and Danielle M. Lutyk of Kubicki Draper, P.A., Tampa, for Petitioner.

Adam Saben of Shuster & Saben, LLC, Jacksonville, for Respondent.

Per Curiam.

DISMISSED. See Custer Med. Ctr. v. United Auto Ins. Co. , 62 So.3d 1086, 1093 (Fla. 2010) (emphasizing that "certiorari cannot be used to grant a second appeal to correct the existence of mere legal error" and explaining that "a circuit court appellate decision made according to the forms of law and the rules prescribed for rendering it, although it may be erroneous in its conclusion as to what the law is as applied to facts, is not a departure from the essential requirements of law remediable by certiorari")(emphasis in original); State Farm Mutual Auto. Ins. Co. v. CC Chiropractic, LLC , 245 So.3d 755, 757 n.2 (Fla. 4th DCA 2018) (discussing the limitations on second-tier certiorari review and noting that "[a] denial of discretionary second-tier certiorari review should not be construed to mean that we approve of the underlying decisions").

Wetherell, Bilbrey, and M.K. Thomas, JJ., concur.


Summaries of

Progressive Express Ins. Co. v. Neurology Partners, P.A.

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Aug 24, 2018
307 So. 3d 68 (Fla. Dist. Ct. App. 2018)
Case details for

Progressive Express Ins. Co. v. Neurology Partners, P.A.

Case Details

Full title:PROGRESSIVE EXPRESS INSURANCE COMPANY, Petitioner, v. NEUROLOGY PARTNERS…

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Aug 24, 2018

Citations

307 So. 3d 68 (Fla. Dist. Ct. App. 2018)