555 So. 2d 892 | Fla. Dist. Ct. App. | 1990
United Services Automobile Association (USAA) seeks a writ of certiorari to review the order of the trial court which denied its motion to abate. The petition for writ of certiorari is denied as USAA has failed to meet the standard for review enunciated in Combs v. State, 436 So.2d 93 (Fla.1983).
The Grants, plaintiffs below and respondents here, filed their second amended complaint against USAA seeking insurance benefits. Count I sought damages for failure to pay uninsured motorist benefits and Count II alleged intentional infliction of emotional distress. In Count III, the Grants claimed damages alleging “unfair claims settlement practices” in violation of Sections 624.155(l)(b)(l) and 626.-9541(l)(i)(3)(c), Florida Statutes. In the trial court, USAA filed a motion to abate, requesting the trial court to enter an order prohibiting the Grants from proceeding with their bad faith claim until the conclusion of the breach of contract and tort claims. USAA argued that it would be prejudicial to allow the Grants to proceed on the bad faith claim at the same time they presented their contract and tort claims. The trial court denied the motion to abate and USAA filed its petition for writ of certiorari.
USAA argues that the order denying abatement is a departure from the essential requirements of law and that an appeal following judgment would be inadequate. USAA cites in support of its argument the