Legal Opinion

United Automobile Insurance Co. v. Millennium Radiology, LLC

District Court of Appeal of Florida

Decided February 1, 2012No. 4D11-3248Published

1Per curiam

United Automobile Insurance Company petitions for a writ of certiorari seeking review of a circuit court order dismissing petitioner’s appeal. We grant the petition.

Based on a scrivener’s error in the final judgment the circuit court, sitting in its *1285appellate capacity, believed the trial court’s order was not final or appealable and issued United an order to show cause why the appeal should not be dismissed. United responded that the order was final and there were no remaining matters pending in the trial court. There is no dispute that judicial labor in the trial court had ended.

The circuit…

2Cases cited3 opinions

  1. PEREZ & PEREZ, MD, PA v. HolderDistrict Court of Appeal of Florida · 2004
  2. Tucker v. Charles D. Franken, P.A.District Court of Appeal of Florida · 2011
  3. Rupp v. Department of HealthDistrict Court of Appeal of Florida · 2007

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