Progressive v. Emergency

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED PROGRESSIVE AMERICAN INSURANCE COMPANY, Petitioner, v. Case No. 5D15-3720 EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, ETC., Respondent. ________________________________/ Opinion filed March 18, 2016 Petition for Certiorari Review of Decision from the Circuit Court for Orange County Acting in its Appellate Capacity. Douglas H. Stein, of Seipp, Flick, & Hosley, LLP, Miami, for Petitioner. Dean A. Mitchell, Ocala, for Emergency Physicians of Central Florida, LLP, Respondent. PER CURIAM. Progressive American Insurance Company ("Petitioner") seeks second tier certiorari review of the circuit court's appellate decision affirming the county court's rulings which granted Emergency Physicians of Central Florida, LLP, a/a/o Ebony Williams' ("Respondent") motion for final summary judgment and denied Petitioner's motion for final summary judgment. Based upon Mercury Insurance Co. of Florida v. Emergency Physicians of Central Florida, 182 So. 3d 661 (Fla. 5th DCA 2015), and Metropolitan Casualty Insurance Co. v. Emergency Physicians of Central Florida, LLP, 178 So. 3d 927 (Fla. 5th DCA 2015), we grant the petition and quash the decision of the circuit court sitting in its appellate capacity. PETITION GRANTED. EVANDER, BERGER, and EDWARDS, JJ., concur. 2

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