GABLES INS. RECOVERY v. SEMINOLE CAS. INS.

No. 3D08-2528.

10 So.3d 1106 (2009)

GABLES INSURANCE RECOVERY, INC., a/a/o Maria Carmen Ovalle, Petitioner, v. SEMINOLE CASUALTY INSURANCE COMPANY, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied June 11, 2009.


Attorney(s) appearing for the Case

Billbrough & Marks and G. Bart Billbrough, Coral Gables, for petitioner.

Richard A. Sherman, Fort Lauderdale; Felipe E. Diez, Miami, for respondent.

Before WELLS and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.


WELLS, Judge.

Gables Insurance Recovery, Inc. seeks second-tier certiorari review of a final summary judgment in insurer, Seminole Casualty Insurance Company's favor. Because we agree that a departure from the essential requirements of the law resulting in a miscarriage of justice has been demonstrated, we grant the petition for writ of certiorari, quash the order of the circuit court rendered in its appellate capacity, and remand the cause to the circuit court for...

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