*1 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED PROGRESSIVE SELECT INSURANCE COMPANY,

Petitioner, v. Case No. 5D16-2334 FLORIDA HOSPITAL MEDICAL CENTER

A/A/O LOUIS PENA,

Respondent.

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Opinion filed November 17, 2017

Petition for Certiorari Review

Decision from the Circuit Court

for Orange County Acting in

its Appellate Capacity.

Douglas H. Stein, of Bowman and Brooke,

LLP, Coral Gables, for Petitioner.

Chad A. Barr, of Law Office of Chad A. Barr,

P.A., Altamonte Springs, for Respondent.

Lawrence M. Kopelman, of Lawrence M.

Kopelman, P.A., Fort Lauderdale and Mac S.

Phillips and Chris Tadros, of Phillips Tadros,

P.A., Fort Lauderdale, as Amicus Curiae

Floridians for Fair Insurance, Inc.

PER CURIAM.

Progressive Select Insurance Company (hereinafter “Progressive”) petitions this court for a writ of certiorari, seeking to quash an opinion issued by the Circuit Court for Orange County, sitting in its appellate capacity, which affirmed the final judgment entered *2 by the County Court. We deny the petition based upon the reasoning set forth in our opinion in Progressive Select Insurance v. Florida Hospital Medical Center A/A/O Jonathan Parent, No. 5D16-2333 (Fla. 5th DCA Nov. 17, 2017).

PETITION DENIED.

SAWAYA and EDWARDS, JJ., concur.

PALMER, J., dissents, with opinion.

PALMER, J., dissenting. 5D16-2334

I respectfully dissent for the reasons set forth in my dissent in Progressive Selective Insurance Co. v. Florida Hospital Medical Center A/A/O Jonathan Parent, No. 5D16-2333 (Fla. 5th DCA November 17, 2017).