United Automobile Insurance Company v. Hallandale Open MRI, LLC

District Court of Appeal of Florida

United Automobile Insurance Company v. Hallandale Open MRI, LLC

145 So. 3d 997, 2014 Fla. App. LEXIS 13673, 2014 WL 4327902

CourtDistrict Court of Appeal of Florida

DecidedSeptember 3, 2014

Docket4D14-1036

StatusPublished

Cited by1 cases

This text of 145 So. 3d 997 (United Automobile Insurance Company v. Hallandale Open MRI, LLC) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United Automobile Insurance Company v. Hallandale Open MRI, LLC, 145 So. 3d 997, 2014 Fla. App. LEXIS 13673, 2014 WL 4327902 (Fla. Ct. App. 2014).

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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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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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Bluebook (online)

145 So. 3d 997, 2014 Fla. App. LEXIS 13673, 2014 WL 4327902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-automobile-insurance-company-v-hallandale-open-mri-llc-fladistctapp-2014.

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