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MASSIE v. PROGRESSIVE EXPRESS INSURANCE COMPANY

No. 1D09-1558.

25 So.3d 584 (2009)

Louise MASSIE, Petitioner, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied January 14, 2010.

Attorney(s) appearing for the Case

Louis K. Rosenbloum, of Louis K. Rosenbloum, P.A., Pensacola, and Arthur A. Shimek, of Arthur A. Shimek, P.A., Pensacola, for Petitioner.

Betsy E. Gallagher and Amy L. Miles, of Kubicki Draper, P.A., Tampa, and James C. Rinaman, III, of Rinaman & Associates, P.A., Jacksonville, for Respondent.

BROWNING, JR., EDWIN B., Senior Judge.

In this second-tier certiorari proceeding our review is limited to whether a "departure from the essential requirements of law" occurred, as a violation of procedural due process is not an issue. See Kaklamanos v. Allstate Ins. Co., 796 So.2d 555 (Fla. 1st DCA 2001). We conclude such a departure occurred.

The sole issue presented is whether Petitioner's attorney is entitled to...

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