Florida District Courts of Appeal, 2014

United Automobile Insurance Company v. Hallandale Open MRI, LLC

Florida District Courts of Appeal · Decided September 3, 2014 · Gross, Forst, Klingensmith

145 So. 3d 997; 2014 Fla. App. LEXIS 13673; 2014 WL 4327902 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. CC CHIROPRACTIC, LLC, a/a/o ISLANDE NAPOLEON (Fla. Dist. Ct. App. 2018)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

We deny the petition for second tier certiorari. Although we question the circuit court’s statement that Florida Small Claims Rule 7.135 “permits a trial judge to weigh the evidence submitted by the parties in support of and in opposition to summary disposition,” we do not reach that issue in this case. The circuit court’s affirmance could have been based on the trial court’s outright rejection of the affidavit offered by petitioner. Second tier certiorari is not a second appeal. This case does not fall within the narrow scope of second tier certiorari. See Custer Med. Ctr. v. United Auto. Ins. Co., 62 So.3d 1086,1088,1092 (Fla. 2010).

GROSS, FORST and KLINGENSMITH, JJ., concur.

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