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PROGRESSIVE EXP. v. McGRATH CHIROPRACTIC

No. 2D05-1497.

913 So.2d 1281 (2005)

PROGRESSIVE EXPRESS INSURANCE COMPANY, Petitioner, v. McGRATH COMMUNITY CHIROPRACTIC, f/k/a Naples Community Chiropractic, as assignee of Abner Joseph, Respondent.

District Court of Appeal of Florida, Second District.

November 18, 2005.

Attorney(s) appearing for the Case

Valeria Hendricks of Davis & Harmon, P.A., Tampa, for Petitioner.

Jack C. Morgan III of Morgan Law Firm, P.A., Fort Myers, for Respondent.

WALLACE, Judge.

Progressive Express Insurance Company (Progressive) seeks second-tier certiorari review of the appellate decision of the Twentieth Judicial Circuit reversing the Lee County Court's final judgment dismissing a small claims action filed by McGrath Community Chiropractic (the Provider). We grant Progressive's certiorari petition.

BACKGROUND

In May 2001, the Provider filed a small claims action against Progressive in the Lee County Court...

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