Department of Managment Services, Division of etc. v. Emily Ferron

• Court: District Court of Appeal of Florida
• Decided: February 8, 2018
• Docket: 17-4434
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D17-4434 _____________________________

DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF STATE GROUP INSURANCE,

Petitioner,

v.

EMILY FERRON,

Respondent. _____________________________

Petition for Writ of Prohibition – Original Jurisdiction.

February 9, 2018

PER CURIAM.

Petitioner Division of State Group Insurance seeks a writ of prohibition, arguing that the circuit court lacks jurisdiction over Respondent’s suit alleging wrongful denial of insurance claims. Because the circuit court has indicated it has left open the issue of whether Respondent has exhausted her administrative remedies and intends to rule on the issue later in the lower tribunal proceedings, Petitioner is not entitled to prohibition. The petition is therefore denied.

ROBERTS, ROWE, and WINOKUR, JJ., concur. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Anita J. Patel, Timothy L. Newhall, and J. Andrew Atkinson, Department of Management Services, Tallahassee, for Petitioner.

Richard M. Benrubi of the Law Office of Richard M. Benrubi, P.A., West Palm Beach, for Respondent.