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UNITED AUTO. INS. v. PETER F. MERKLE, M.D.

No. 4D09-1715.

32 So.3d 159 (2010)

UNITED AUTOMOBILE INSURANCE COMPANY, Petitioner, v. PETER F. MERKLE, M.D., P.A., a/a/o Terry Laray, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 7, 2010.

Attorney(s) appearing for the Case

Thomas L. Hunker, Miami, for petitioner.

Roberts J. Bradford, Jr. of Law Office of R.J. Bradford, Jr., P.C., Johnson City, Tennessee, for respondent.

WARNER, J.

By this petition for writ of certiorari United Automobile Insurance Company seeks review of a decision of the circuit court, sitting in its appellate capacity, affirming a summary judgment entered by the county court. Petitioner contends that the circuit court relied on the "tipsy coachman" doctrine1 to affirm the summary judgment on the basis of the legal insufficiency of United's...

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