PROGRESSIVE SELECT INSURANCE COMPANY
v.
LLOYDS OF SHELTON AUTO GLASS, LLC

Fla. 2d DCA | 2018-10-31
No. 17-3657
Sleet, Casanueva, Khouzam
264 So. 3d 1018 Florida District Court of Appeal, Second District (2018)

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Holding

The circuit court's order denying Progressive's petition for writ of certiorari was an abuse of discretion and is quashed.


Facts & Procedural History

Progressive Select Insurance Company petitioned for a writ of certiorari in the circuit court to challenge an underlying decision, but the circuit cou…

The full statement of facts, procedural history, and disposition for this case are member content.

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Opinion of the Court

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

PROGRESSIVE SELECT INSURANCE ) COMPANY, ) ) Petitioner, ) ) v. ) Case No. 2D17-3657 ) LLOYD'S OF SHELTON AUTO GLASS, ) LLC, a/a/o JEDIDIAH THOMAS, ) ) Respondent. ) )

Opinion filed October 31, 2018.

Petition for Writ of Certiorari to the Circuit Court for the Thirteenth Judicial Circuit for Hillsborough County; sitting in its appellate capacity.

Alexandra Valdes of Cole, Scott & Kissane, P.A., Miami, for Petitioner.

Kristin A. Norse and Stuart C. Markman of Kynes, Markman & Felman, P.A., Tampa; David M. Caldevilla of de la Parte & Gilbert, P.A., Tampa; and John C. Murrow of Law Office of John C. Murrow, P.A., Tampa, for Respondent.

MORRIS, Judge.

The petitioner, Progressive Select Insurance Company, seeks a second-

tier writ of certiorari to quash the circuit court's order that denied Progressive's petition for writ of certiorari below. While involving different parties, the facts and procedural history of this case are nearly identical to the facts and procedural history of another second-tier certiorari proceeding that is traveling with this case, Progressive American

Insurance Co. v. SHL Enterprises, LLC, a/a/o Shazam Auto Glass, LLC, 2D17-4074.

We quashed the order in SHL Enterprises, LLC, a/a/o Shazam Auto Glass, LLC,

wherein the circuit court had adopted the reasoning of the circuit court's order that was entered in this case. Thus, for the reasons we explained in SHL Enterprises, LLC, a/a/o

Shazam Auto Glass, LLC, we quash the circuit court's order here.

Petition granted; order quashed.

SILBERMAN and VILLANTI, JJ., Concur.


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