          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                  _____________________________

                          No. 1D17-4434
                  _____________________________

DEPARTMENT OF MANAGEMENT
SERVICES, DIVISION OF STATE
GROUP INSURANCE,

    Petitioner,

    v.

EMILY FERRON,

    Respondent.
                  _____________________________


Petition for Writ of Prohibition – Original Jurisdiction.

                         February 9, 2018


PER CURIAM.

    Petitioner Division of State Group Insurance seeks a writ of
prohibition, arguing that the circuit court lacks jurisdiction over
Respondent’s suit alleging wrongful denial of insurance claims.
Because the circuit court has indicated it has left open the issue
of whether Respondent has exhausted her administrative
remedies and intends to rule on the issue later in the lower
tribunal proceedings, Petitioner is not entitled to prohibition.
The petition is therefore denied.

ROBERTS, ROWE, and WINOKUR, JJ., concur.
                _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Anita J. Patel, Timothy L. Newhall, and J. Andrew Atkinson,
Department of Management Services, Tallahassee, for Petitioner.

Richard M. Benrubi of the Law Office of Richard M. Benrubi,
P.A., West Palm Beach, for Respondent.




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