PROGRESSIVE EXPRESS INSURANCE COMPANY
v.
NEUROLOGY PARTNERS, P.A., D/B/A EMAS SPINE & BRAIN SPECIALISTS A/A/O RODERICK A. WILLIAMS
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Certiorari is not available to review a circuit court appellate decision that was rendered according to law and proper procedure, even if the decision is allegedly erroneous as a matter of law.
[1] A petition for certiorari to a district court of appeal cannot be used to obtain a second appeal or to correct legal errors made by a circuit court appellate division if…
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Join FLexlaw to unlock all legal intelligence“certiorari cannot be used to grant a second appeal to correct the existence of mere legal error”
Court's explanation of the limitations on certiorari review, citing Custer Medical Center v. United Auto Insurance Co.
Progressive Express Insurance Company filed a petition for certiorari challenging a circuit court appellate decision in a case involving Neurology Par…
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2018 WL 1315076, at *2 n.2 (Fla. 4th DCA Mar. 14, 2018) (discussing the limitations on second-tier certiorari review and noting that “[a] denial of discretionary second-tier certiorari review should not be construed to mean that we approve of the underlying decisions”). WETHERELL, BILBREY, 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.