CARTER v. PROGRESSIVE AMERICAN INSURANCE COMPANY (2019)

District Court of Appeal of Florida, Third District.

Wilhelmina CARTER and Lorenzo King, Appellant(s)/Petitioner(s), v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellee(s)/Respondent(s),

CASE NO.: 3D19-0001

Decided: April 29, 2019

Upon consideration, petitioners' agreed motion for out-of-time extension to file reply is granted.

The petition for certiorari is dismissed for lack of jurisdiction because it was not filed within thirty (30) days of the October 16, 2018 order compelling discovery which is ultimately the order that petitioners seek to challenge.

Upon consideration of respondent's motion for provisional award of attorney's fees, it is ordered that said motion is granted in an amount to be determined by the trial court contingent upon Respondent's offer of judgment satisfying the conditions of Section 768.79, Florida Statutes and Florida Rule of Civil Procedure 1.442.

Petitioners' motion for provisional award of attorney's fees is hereby denied.

EMAS, C.J., and LOGUE and HENDON, JJ., concur.

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