Legal Opinion

Progressive Select Ins. Co. v. Bigney

District Court of Appeal of Florida

Decided December 21, 2018No. Case No. 5D18-2124PublishedCited by 1 opinion

1Per curiam

Progressive Select Insurance Company (Progressive) seeks certiorari review of the trial court's order denying a motion to dismiss based on nonjoinder. Finding that the trial court departed from the essential requirements of law, we grant the petition.

"An appellate court may grant a petition for certiorari only where the petitioner demonstrates (1) a departure from *224the essential requirements of the law (2) resulting in material injury for the remainder of the case (3) that cannot be remedied on post-judgment appeal." Cohen v. D.R. Horton, Inc., 121 So.3d 1121, 1124 (Fla. 5th DCA 2013) (citing…

2Cases cited6 opinions

  1. Reeves v. Fleetwood Homes of Florida, Inc.Supreme Court of Florida · 2004
  2. Citizens Property Insurance Corp. v. San Perdido Ass'nSupreme Court of Florida · 2012
  3. McWhirter v. Fire Insurance Exchange, Inc.Supreme Court of Oklahoma · 1994
  4. Howton v. State Farm Mut. Ins. Co.Supreme Court of Alabama · 1987
  5. Hazen v. Allstate Ins. Co.District Court of Appeal of Florida · 2007

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Del Pino Allen v. GEICO General Insurance CompanyDistrict Court, S.D. Florida · 2024

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