JOSEPH BONFIGLIO, PETITIONER,
v.
AMERICAN VEHICLE INSURANCE COMPANY, RESPONDENT
JOSEPH BONFIGLIO, PETITIONER,
AMERICAN VEHICLE INSURANCE COMPANY, RESPONDENT
680 So. 2d 1100
Florida District Court of Appeal, Third District (1996)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
A PIP claimant seeks review of a circuit court, appellate division per curiam affir-mance of county court orders denying him attorney’s fees and costs and requiring arbitration. The merits of the appeal were for the circuit court to determine. We are convinced that its decision (either way) cannot be said to embody a “legal [error] serious enough to constitute a departure from the essential requirements of law,” Combs v. State, 436 So. 2d 93, 95 (Fla.1983), so as to permit our review on certiorari and thus, in effect, grant the petitioner a forbidden second appeal. Haines City Community Dev. v. Heggs, 658 So. 2d 523 (Fla.1995); Combs, 436 So. 2d at 93; Rich v. Fisher, 655 So. 2d 1149 (Fla. 4th DCA 1995).
Certiorari denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Stilson v. Allstate Ins. Co., 692 So. 2d 979 (Fla. 2d DCA 1997)…arly established principle of law resulting in a miscarriage of justice.” Haines City Community Dev. v. Heggs, 658 So. 2d 523, 528 (Fla.1995) (quoting Combs v. State, 436 So. 2d 93, 95-96 (Fla.1983)). See also Bonfiglio v. American Vehicle Ins. Co., 680 So. 2d 1100 (Fla. 3d DCA 1996) (denying certiorari review of circuit court’s per curiam affirmance of county court’s ruling concerning arbitration of PIP claim). I. THE ERRONEOUS SUMMARY JUDGMENT ON THE PIP CLAIM Curt Hopkins, age seventeen, was driving his p…
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Britt v. Mascara, 830 So. 2d 221 (Fla. 4th DCA 2002)…the correct law, but came to the wrong conclusion. This legal error was not a violation of a clearly established principle of law resulting in a miscarriage of justice so as to permit our review on certiorari. See Bonfiglio v. Am. Vehicle Ins. Co., 680 So. 2d 1100 (Fla. 3d DCA 1996). 819 So. 2d at 170-71. Plaintiffs lawsuit in the county court sought a writ of replevin. The county judge initially set a hearing on plaintiffs claim. Plaintiff then sought permission to “appear by telephone” from the jail where…
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State v. Leroy, 819 So. 2d 169 (Fla. 4th DCA 2002)…the correct law, but came to the wrong conclusion. This legal error was not a violation of a clearly established principle of law resulting in a miscarriage of justice so as to permit our review on certiorari. See Bonfiglio v. Am. Vehicle Ins. Co., 680 So. 2d 1100 (Fla. 3d DCA 1996). Certiorari denied. STONE and HAZOURI, JJ., concur.…
Authorities Cited
- Haines City Cmty. Dev. v. Leila Heggs, 658 So. 2d 523 (Fla. 1995)
- Combs v. State, 436 So. 2d 93 (Fla. 1983)
- Rich v. Fisher, 655 So. 2d 1149 (Fla. 4th DCA 1995)