United Automobile Insurance Company v. Hallandale Open MRI, LLC

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

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.