United Automobile Insurance Co. v. Peter F. Merkle, M.D., P.A.

By this petition for writ of certiorari United Automobile Insurance Company seeks review of a decision of the circuit court, sitting in its appellate capacity, affirming a summary judgment entered by the county court. Petitioner contends that the circuit court relied on the “tipsy coachman” doctrine 1 to affirm the summary judgment on the basis of the legal insufficiency of United’s affidavit in opposition to the motion for summary judgment, which was not the ground upon which the county court granted the motion. However, in so ruling, the circuit court failed to grant United’s request for an…