PROGRESSIVE EXPRESS INSURANCE COMPANY
v.
NEUROLOGY PARTNERS, P.A., D/B/A EMAS SPINE & BRAIN SPECIALISTS A/A/O RACHEL K. KOPP

Fla. 1st DCA | 2018-08-24
No. 18-1351
Florida District Court of Appeal, First District (2018)

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Holding

Certiorari cannot be used as a second appeal to correct legal error in circuit court appellate decisions made according to proper forms and procedures.


Headnotes

[1] Certiorari is unavailable to correct legal error in circuit court appellate decisions rendered according to proper procedures; such relief is limited to cases involving d…

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Key Quotes

“certiorari cannot be used to grant a second appeal to correct the existence of mere legal error”

Explaining the limitations of certiorari review as a remedy for appellate decisions

Facts & Procedural History

Progressive Express Insurance Company sought certiorari review of an adverse circuit court appellate decision involving Neurology Partners, P.A. The s…

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Opinion of the Court

2018 WL 1315076, at *2 n.2 (Fla. 4th DCA Mar. 14, 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.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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