NEUROLOGY PARTNERS, P.A. D/B/A EMAS SPINE & BRAIN SPECIALISTS A/A/O ALMERN L. VOS
v.
PROGRESSIVE AMERICAN INSURANCE COMPANY
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A second-tier certiorari petition may not be pursued simply to obtain appellate precedent or to correct a potentially erroneous lower court decision that was rendered according to the law and prescribed procedures.
[1] A second-tier certiorari petition is not appropriate merely to provide precedent or to correct an arguably erroneous decision that was rendered in compliance with applica…
[2] The need for precedent in an area of law does not constitute a miscarriage of justice justifying second-tier certiorari review under Florida law.
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“even if circuit court appellate decision is erroneous in its conclusion, if it is made 'according to the forms of law and the rules prescribed for rendering it,' certiorari is inapplicable”
Court's rationale for dismissing second-tier certiorari petition
Neurology Partners, P.A. sought certiorari review of a circuit court appellate decision in a dispute with Progressive American Insurance Company. The …
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tier certiorari is not appropriate “simply to provide precedent where precedent is needed”; such need is not a miscarriage of justice) (quoting Stilson v. Allstate Ins. Co., 692 So. 2d 979, 983 (Fla. 2d DCA 1997)). ROBERTS, KELSEY, 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Neurology P'rs, P.A. v. Progressive Am. Ins. Co., 43 Fla. L. Weekly D1985 (Fla. 1st DCA 2019)…PER CURIAM. DISMISSED. See Progressive Express Ins. Co. v. Neurology Partners, P.A., 43 Fla. L. Weekly D1985, 2018 WL 4042461 (Fla. 1st DCA Aug. 24, 2018) (dismissing petition and citing cases stating that (1) even if circuit court appellate decision is erroneous in its conclusion, if it is made “according to the forms of law and the rules prescribed for rendering it,” cer…
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Progressive Select Ins. Co. v. Neurology P'rs, P.A., 252 So. 3d 1293 (Fla. 1st DCA 2018)
Authorities Cited
- Stilson v. Allstate Ins. Co., 692 So. 2d 979 (Fla. 2d DCA 1997)
- Neurology P'rs, P.A. v. Progressive Am. Ins. Co., 43 Fla. L. Weekly D1985 (Fla. 1st DCA 2019)