Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Neurology Partners, P.A. d/b/a EMAS Spine & Brain Specialists a/a/o Almern L. Vos v. Progressive American Insurance Company
Citation: Not availableDocket: 18-2284
Court: District Court of Appeal of Florida; August 21, 2019; Florida; State Appellate Court
Original Court Document: View Document
The First District Court of Appeal of Florida dismissed the petition for writ of certiorari filed by Neurology Partners, P.A. against Progressive American Insurance Company. The dismissal is supported by precedents indicating that a circuit court's erroneous decision, made in accordance with legal forms and rules, does not warrant certiorari review. Furthermore, a denial of second-tier certiorari does not imply approval of the underlying decision. The court also emphasized that it is the prerogative of county courts to certify questions to district courts, and that certiorari is not appropriate merely to establish precedent unless a miscarriage of justice is evident. The decision was rendered per curiam, with Judges Roberts, Kelsey, and M.K. Thomas concurring. The ruling is not final pending any timely motions under Florida Rules of Appellate Procedure 9.330 or 9.331. Counsel for the petitioner included Adam B. Saben and Melissa R. Winer, while Betsy Ellwanger Gallagher and Michael C. Clarke represented the respondent.