PROGRESSIVE EXPRESS INSURANCE COMPANY
v.
NEUROLOGY PARTNERS, P.A., D/B/A EMAS SPINE & BRAIN SPECIALISTS A/A/O RODERICK A. WILLIAMS

Fla. 1st DCA | 2018-08-24
No. 18-1350
Florida District Court of Appeal, First District (2018) Positive Treatment

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Holding

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.


Headnotes

[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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Key Quotes

“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.

Facts & Procedural History

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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Opinion of the Court

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.


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