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County Line Chiropractic Center v. United Automobile Insurance Co.

Citations: 964 So. 2d 802; 2007 Fla. App. LEXIS 14583Docket: No. 3D07-1433

Court: District Court of Appeal of Florida; September 19, 2007; Florida; State Appellate Court

Narrative Opinion Summary

County Line Chiropractic Center filed a petition for a writ of certiorari to review a decision from the Eleventh Judicial Circuit, which denied review of an interlocutory order from the Miami-Dade County Court. This order denied expert witness fees for a treating physician in a Personal Injury Protection (PIP) case. The petition for certiorari was denied, as the issue of expert witness fees is classified as a non-final, non-appealable order. Therefore, it should not be considered for certiorari by either the district court of appeal or the appellate division of the circuit court.

Legal Issues Addressed

Appealability of Interlocutory Orders

Application: The decision clarifies that interlocutory orders denying expert witness fees are non-appealable, thereby not subject to certiorari review.

Reasoning: This order denied expert witness fees for a treating physician in a Personal Injury Protection (PIP) case.

Certiorari Review of Non-Final Orders

Application: The case establishes that certiorari review is not applicable for non-final orders, specifically in the context of expert witness fees in a PIP case.

Reasoning: The petition for certiorari was denied, as the issue of expert witness fees is classified as a non-final, non-appealable order.