McClendon v. United States Fire Insurance
McClendon v. United States Fire Insurance
Opinion of the Court
Plaintiff in the trial court filed a notice of appeal to review an order of affirmance entered by the circuit court sitting in its appellate capacity. We hereby treat this notice of appeal as a petition for writ of certiorari.
On April 26, 1972 an uninsured vehicle owned by one Noah Thompkins and operated by the petitioner, Leroy McClendon, collided with another vehicle which was in-; sured. As a result thereof petitioner, who at the time was insured under a non-owner
It is well established that on petition for common law certiorari the scope of the appellate court’s review is limited to a determination of whether the court below has exceeded its jurisdiction or has deviated from the essential requirements of law. See 5 Fla.Jur. Certiorari § 24 (19S5) and cases cited therein. A review of the record on its face demonstrates that there was competent substantial evidence contained therein to support the circuit court’s af-firmance of the county court’s order of dismissal which we conclude was correct as a matter of law in that the vehicle which plaintiff was operating collided with a vehicle which was insured.
Accordingly, the petition for writ of cer-tiorari is hereby denied.
It is so ordered.
. Personal injury protection benefits.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.