Summary
denying certiorari review of circuit court's per curiam affirmance of county court's ruling concerning arbitration of PIP claim
Summary of this case from Stilson v. Allstate Insurance CompanyOpinion
No. 96-1495.
October 9, 1996.
On Petition for Writ of Certiorari to the Circuit Court for Dade County, Appellate Division, Allen Kornblum, Martin D. Kahn, Alan S. Gold, Judges.
Marc L. Goldman, for petitioner.
Walton, Lantaff, Schroeder Carson and John P. Joy and Kenneth L. Valentini, Miami, for respondent.
Before SCHWARTZ, C.J., and COPE and FLETCHER, JJ.
A PIP claimant seeks review of a circuit court, appellate division per curiam affirmance of county court orders denying him attorney's fees and costs and requiring arbitration. The merits of the appeal were for the circuit court to determine. We are convinced that its decision (either way) cannot be said to embody a "legal [error] serious enough to constitute a departure from the essential requirements of law," Combs v. State, 436 So.2d 93, 95 (Fla. 1983), so as to permit our review on certiorari and thus, in effect, grant the petitioner a forbidden second appeal. Haines City Community Dev. v. Heggs, 658 So.2d 523 (Fla. 1995); Combs, 436 So.2d at 93; Rich v. Fisher, 655 So.2d 1149 (Fla. 4th DCA 1995).
Certiorari denied.