DEPARTMENT OF MANAGMENT SERVICES, DIVISION OF ETC.
v.
EMILY FERRON
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A writ of prohibition is not available when the circuit court has indicated it will later decide the threshold issue of exhaustion of administrative remedies.
[1] A writ of prohibition will not be granted to prevent a circuit court from hearing a case where the court has indicated it will address the threshold jurisdictional issue…
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Join FLexlaw to unlock all legal intelligenceThe Division of State Group Insurance sought a writ of prohibition to prevent the circuit court from hearing Respondent's lawsuit alleging wrongful de…
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February 9, 2018 PER CURIAM. Petitioner Division of State Group Insurance seeks a writ of prohibition, arguing that the circuit court lacks jurisdiction over Respondent’s suit alleging wrongful denial of insurance claims. Because the circuit court has indicated it has left open the issue of whether Respondent has exhausted her administrative remedies and intends to rule on the issue later in the lower tribunal proceedings, Petitioner is not entitled to prohibition. The petition is therefore denied. ROBERTS, ROWE, and WINOKUR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Anita J. Patel, Timothy L. Newhall, and J. Andrew Atkinson, Department of Management Services, Tallahassee, for Petitioner. Richard M. Benrubi of the Law Office of Richard M. Benrubi, P.A., West Palm Beach, for Respondent.