767 So. 2d 622 | Fla. Dist. Ct. App. | 2000
Petitioner State Farm Mutual Automobile Insurance Company seeks certiorari review of an order of the circuit court, sitting in its appellate capacity. The order affirmed a county court final judgment, ruling on a claim under the PIP statute. Part of that judgment contained the finding of fact that respondent Charles Jenkins filed a claim for chiropractic benefits on April 29, 1996- Although State Farm disagrees with that finding in its petition to this court, State Farm did not seek review of the trial court’s factual findings in its appeal to the circuit court. This court has no certiorari jurisdiction to review the county court’s findings of fact. See Haines City Community Dev. v. Heggs, 658 So.2d 523, 530 (Fla.1995).
On June 4, 1996, State Farm notified Jenkins of its request that he submit to an examination under oath, pursuant to the terms of the policy. Jenkins did not appear at a scheduled examination.
Jenkins filed suit in the county court to recover unpaid benefits. The trial judge entered a judgment in his favor based on an ambiguity in the policy.
The circuit court affirmed on different grounds. Without reaching the legal analysis in the circuit court opinion, we deny the petition for writ of certiorari. By the time State Farm requested an examination
In this case there was no “violation of a clearly established principle of law resulting in a miscarriage of justice.” Haines City, 658 So.2d at 528 (quoting Combs v. State, 436 So.2d 93, 95-96 (Fla.1983)).
The petition for writ of certiorari is denied.