AFFIRMATIVE INSURANCE COMPANY, PETITIONER,
v.
JOSIANNY MEZA-GOMEZ, RESPONDENT

Fla. 4th DCA | 2008-01-02
No. 4D07-2946
STONE, KLEIN and STEVENSON, JJ., concur.
971 So. 2d 227 Florida District Court of Appeal, Fourth District (2008) Positive Treatment
Cited by 2 cases
Topics
Procedural Due Process Writ Of Certiorari Appellate Jurisdiction

Explore caselaw by topic → Browse Procedural Due Process cases and more on FLexlaw

Opinion of the Court
PER CURIAM.

PER CURIAM.

This issue comes before the Court for second tier review on a petition for writ of certiorari. Petitioner, Affirmative Insurance, Co. seeks that this Court quash the circuit court order “Reaffirming Dismissal of Appeal and Granting Appellee/Plain-tiff/Josianny Meza-Gomez’s Motion to Deem All Papers After Order of Dismissal Dated May 21, 2007, a Nullity, to Deem this Appeal Dismissed, and for Additional Attorney’s Fees.”

Review of a circuit court’s decision when acting in its appellate capacity is narrowly limited to a determination of whether the circuit court afforded procedural due process and applied the correct law. Ivey v. Allstate Ins. Co., 774 So. 2d 679, 681 (Fla.2000). The circuit court erred in granting the “Motion to Deem All Papers ...” on grounds that it did not have jurisdiction to reinstate the petitioner’s appeal. The court did have jurisdiction and accordingly the dismissal failed to provide procedural due process.

Therefore, certiorari is granted, the order dismissing the appeal in the circuit court is quashed, and the case remanded for further proceedings.

STONE, KLEIN and STEVENSON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Affirmative Ins. Co. v. Josianny Meza Gomez, 14 So. 3d 1244 (Fla. 4th DCA 2009)
    …rder, which is not the subject of this petition, the circuit court dismissed the coverage appeal. This court quashed the order of dismissal and remanded the coverage appeal to the circuit court for further proceedings. Affirmative Ins. Co. v. Gomez, 971 So. 2d 227 (Fla. 4th DCA 2008). In the period of time between the order of dismissal and remand, the Broward County clerk completed the record for the coverage appeal, but because that appeal had been dismissed, the clerk filed the record with the fee appeal i…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw