PROGRESSIVE EXP. v. PHYSICIAN'S INJURY CARE

No. 5D05-559.

906 So.2d 1125 (2005)

PROGRESSIVE EXPRESS INSURANCE COMPANY, Petitioner, v. PHYSICIAN'S INJURY CARE CENTER, INC., etc., Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 27, 2005.


Attorney(s) appearing for the Case

Betsy E. Gallagher and Michael C. Clarke of Kubicki Draper, P.A., Tampa, for Petitioner.

Kevin B. Weiss of Weiss Legal Group, P.A., Maitland, for Respondent.


MONACO, J.

The petitioner, Progressive Express Insurance Company, seeks certiorari review of a circuit court appellate decision awarding appellate attorney's fees to the respondent, Physician's Injury Care Center, Inc. Because the award constitutes a departure from the essential requirements of law, we grant certiorari relief.

The Care Center, as assignee of an assignment of benefits, was awarded a final judgment against Progressive by the county court in...

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