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ACE AMERICAN INSURANCE COMPANY, Petitioner, v. Kenneth Mark GREGORSKI, et al., Respondents.

District Court of Appeal of Florida, Third District2018-07-05No. No. 3D18–508
246 So. 3d 574

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Opinion

majority opinion

PER CURIAM.

Ace American Insurance Company (Insurer) seeks a writ of certiorari quashing a circuit court order denying the Insurers motion to dismiss the respondents, Mr. Gregorskis, complaint for declaratory relief. The petition and appendix established that Mr. Gregorskis complaint for third-party coverage failed to comply with the non-joinder provisions of section 627.4136, Florida Statutes (2017).

Mr. Gregorskis 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 Insurers 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.