LEROY MCCLENDON, PETITIONER,
v.
UNITED STATES FIRE INSURANCE COMPANY, RESPONDENT
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McClendon sought personal injury protection benefits under an uninsured motorist endorsement after being injured in a vehicle he was driving that was not insured. The court denied his petition for certiorari, affirming that the endorsement does not provide such coverage when the vehicle struck was insured.
The uninsured motorist endorsement does not provide personal injury protection coverage because the vehicle that McClendon was operating collided with a vehicle which was insured, and an individual not owning a vehicle is not required to carry insurance to cover such losses.
[1] A notice of appeal may be treated as a petition for writ of certiorari.
[2] The scope of review on a petition for common law certiorari is limited to whether the lower court exceeded its jurisdiction or deviated from the essential requirements of…
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Join FLexlaw to unlock all legal intelligence“the vehicle which plaintiff was operating collided with a vehicle which was insured”
The court's rationale for upholding dismissal—the uninsured motorist endorsement does not apply when the struck vehicle is insured
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Join FLexlaw to unlock all legal intelligenceOn April 26, 1972, an uninsured vehicle owned by Noah Thompkins and operated by McClendon collided with an insured vehicle. McClendon was injured and …
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PER CURIAM.
Plaintiff in the trial court filed a notice of appeal to review an order of affirmance entered by the circuit court sitting in its appellate capacity. We hereby treat this notice of appeal as a petition for writ of certiorari.
On April 26, 1972 an uninsured vehicle owned by one Noah Thompkins and operated by the petitioner, Leroy McClendon, collided with another vehicle which was in-; sured. As a result thereof petitioner, who at the time was insured under a non-owner policy issued by the respondent, United States Fire Insurance Company, sustained personal injuries. Thereafter, petitioner filed in county court a complaint and an amended complaint wherein he sought benefits under his contract of insurance with respondent insurer on the theory that the uninsured motorist endorsement to his policy provided him with the statutory “no fault” insurance benefits 1 because the vehicle he was driving was not insured. In response thereto, respondent filed a motion to dismiss for failure to state a cause of action in that (1) the uninsured motorist endorsement does not provide personal injury protection coverage under § 627.727 Fla.Stats., F.S.A. and (2) an individual not owning a vehicle is not required to carry insurance to cover losses pursuant to § 627.730 Fla.Stat., F.S.A. After a hearing was held thereon, the trial court entered an order dismissing the complaint with prejudice. Thereupon, petitioner appealed the order of dismissal to the circuit court which subsequently entered an order of af-firmance. Petitioner then sought review thereof by filing the instant petition for writ of certiorari.
It is well established that on petition for common law certiorari the scope of the appellate court’s review is limited to a determination of whether the court below has exceeded its jurisdiction or has deviated from the essential requirements of law. See 5 Fla.Jur. Certiorari § 24 (19S5) and cases cited therein. A review of the record on its face demonstrates that there was competent substantial evidence contained therein to support the circuit court’s af-firmance of the county court’s order of dismissal which we conclude was correct as a matter of law in that the vehicle which plaintiff was operating collided with a vehicle which was insured.
Accordingly, the petition for writ of certiorari is hereby denied.
It is so ordered.
. Personal injury protection benefits.