Friday, January 22, 2016

Petition For Certiorari Denied Due to District Conflict

In The First Liberty Insurance Corp. v. O’Neill (4D14–2895), the Fourth District denied a petition for certiorari because the Fourth District had not decided the issue at the time of the trial court’s decision.

In this case, when the trial court entered the order the First District and the Fifth District had released conflicting decisions on the same issue. However, “at the time of the circuit court’s decisions, we had not addressed the issue of whether an insured, after obtaining a favorable result on its benefits claim, may amend the complaint to add a first-party bad faith claim instead of filing a new action on the bad faith claim.”

Therefore, because there was no clearly established law, the petition was denied. The court stated:
Given the lack of binding authority from this court on the underlying issue, and given the split of authority between our sister courts on the underlying issue, we cannot say that the circuit court’s apparent decision to follow the First District’s authority was a departure from the essential requirements of the law at the time of its decision. Thus, because of that procedural posture, we are compelled to deny the petition for writ of certiorari and not decide the underlying issue until a final appealable judgment is entered.


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