UNITED AUTOMOBILE INSURANCE COMPANY, A FLORIDA CORPORATION, PETITIONER,
v.
HALLANDALE OPEN MRI, LLC, A FLORIDA LIMITED LIABILITY COMPANY, A/A/O ANTONETTE WILLIAMS, RESPONDENT

Fla. 4th DCA | 2014-09-03
No. 4D14-1036
GROSS, FORST and KLINGENSMITH, JJ., concur.
145 So. 3d 997 Florida District Court of Appeal, Fourth District (2014) Positive Treatment
Cited by 11 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We deny the petition for second tier certiorari. Although we question the circuit court’s statement that Florida Small Claims Rule 7.135 “permits a trial judge to weigh the evidence submitted by the parties in support of and in opposition to summary disposition,” we do not reach that issue in this case. The circuit court’s affirmance could have been based on the trial court’s outright rejection of the affidavit offered by petitioner. Second tier certiorari is not a second appeal. This case does not fall within the narrow scope of second tier certiorari. See Custer Med. Ctr. v. United Auto. Ins. Co., 62 So.3d 1086,1088,1092 (Fla.2010).

GROSS, FORST and KLINGENSMITH, JJ., concur.

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  • State Farm Mut. Auto. Ins. Co. v. CC Chiropractic, LLC, 245 So. 3d 755 (Fla. 4th DCA 2018)
  • Zairon Jarquis Fussell v. State, 154 So. 3d 1233 (Fla. 1st DCA 2015)
    …sault for you. .Acquiescence in the giving of a jury instruction, as opposed to an affirmative request for the instruction, does not amount to inviting error and does not preclude relief in the event of fundamental error. Compare Williams v. State, 145 So. 3d 997, 1003 (Fla. 1st DCA 2014) (concluding error in jury instructions was not affirmatively waived where "defense [*1236] counsel did not request the defective instruction” and the "record ... reflected] nothing more than unknowing acquiescence”), with S…
  • Knight v. State, 267 So. 3d 38 (Fla. 1st DCA 2016)
    …. Morsani , 790 So. 2d 1071, 1077 n.12 (Fla. 2001) (emphasis added). In the context of jury instruction, a "record ... [that] reflects nothing more than unknowing acquiescence" is insufficient to show waiver of fundamental error. Williams v. State , 145 So. 3d 997, 1003 (Fla. 1st DCA 2014). See also Swearingden v. State , 213 So. 3d 370 (Fla. 1st DCA 2015) ("because the record does not reflect that he specifically requested or affirmatively agreed to the challenged portions of the instructions, he did not wai…
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