ROBERT KIMBALL INSURANCE COMPANY
v.
SUNZ INSURANCE COMPANY

Fla. 2d DCA | 2019-08-28
No. 19-0390
Nicholas, J., Casanueva, J., Lucas, J., Badalamenti, J.
Florida District Court of Appeal, Second District (2019)

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Holding

A petition for writ of certiorari challenging a trial court's subject matter jurisdiction is treated as a petition for writ of prohibition and is subject to denial on that basis.


Headnotes

[1] A petition for writ of certiorari challenging a trial court's subject matter jurisdiction is treated as a petition for writ of prohibition and may be denied on that basis…

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Facts & Procedural History

Robert Kimball Insurance Company petitioned for a writ of certiorari to challenge the trial court's subject matter jurisdiction in a case against Sunz…

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Opinion of the Court
Badalamenti

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

ROBERT KIMBALL INSURANCE

) COMPANY, ) ) Petitioner, ) ) v. ) Case No. 2D19-390 ) SUNZ INSURANCE COMPANY, ) ) Respondent. ) ) Opinion filed August 28, 2019. Petition for Writ of Certiorari to the Circuit Court for Manatee County; Edward Nicholas, Judge. Michael Krouse of Krouse Law Firm, Lakewood Ranch, for Petitioner. Katherine E. Giddings of Akerman, LLP, Tallahassee; Jason L. Margolin of Akerman, LLP, Tampa; Jason S. Oletsky of Akerman, LLP, Fort Lauderdale, for Respondent.

PER CURIAM.

We treat the petition for writ of certiorari challenging the trial court's subject matter jurisdiction as a petition for writ of prohibition, see Mandico v. Taos Constr., Inc., 605 So. 2d 850, 853 (Fla. 1992), and deny it accordingly. CASANUEVA, LUCAS, and BADALAMENTI, JJ., Concur.


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