Third District Court of Appeal
State of Florida
Opinion filed July 5, 2018.
Not final until disposition of timely filed motion for rehearing.
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No. 3D18-508
Lower Tribunal No. 17-21884
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Ace American Insurance Company,
Petitioner,
vs.
Kenneth Mark Gregorski, et al.,
Respondents.
A Writ of Certiorari to the Circuit Court for Miami-Dade County.
Cooney Trybus Kwavnick Peets, and Warren Kwavnick (Fort Lauderdale),
for petitioner.
Kenneth Gregorski, pro se, respondent.
Before SUAREZ, SALTER and FERNANDEZ, JJ.
PER CURIAM.
Ace American Insurance Company (“Insurer”) seeks a writ of certiorari
quashing a circuit court order denying the Insurer’s motion to dismiss the
respondent’s, Mr. Gregorski’s, complaint for declaratory relief. The petition and
appendix established that Mr. Gregorski’s complaint for third-party coverage failed
to comply with the non-joinder provisions of section 627.4136, Florida Statutes
(2017).
Mr. Gregorski’s counsel in the circuit court proceeding did not appear in
response to the petition, nor did Mr. Gregorski himself file a response. Finding the
petition well taken, we grant it and quash the order denying the Insurer’s motion to
dismiss. Lantana Ins., Ltd. v. Thornton, 118 So. 3d 250 (Fla. 3d DCA 2013). See
also GEICO Gen. Ins. Co. v. Martinez, 240 So. 3d 43 (Fla. 3d DCA 2018).
Petition granted, order quashed.
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