PROGRESSIVE EXPRESS INSURANCE COMPANY
v.
NEUROLOGY PARTNERS, P.A., D/B/A EMAS SPINE & BRAIN SPECIALISTS A/A/O RACHEL K. KOPP
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Certiorari cannot be used as a second appeal to correct legal error in circuit court appellate decisions made according to proper forms and procedures.
[1] Certiorari is unavailable to correct legal error in circuit court appellate decisions rendered according to proper procedures; such relief is limited to cases involving d…
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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”
Explaining the limitations of certiorari review as a remedy for appellate decisions
Progressive Express Insurance Company sought certiorari review of an adverse circuit court appellate decision involving Neurology Partners, P.A. The s…
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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.