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TRAVELERS CAS. AND SUR. OF AM. v. SIDMAN

No. 2D12-60.

103 So.3d 900 (2012)

TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Petitioner, v. Orline M. SIDMAN, as plenary guardian of Phyllis Ann Kirkwood; Culbreath Isles Property Owners Association, Inc.; Nancy Lewis and Richard B. Lewis, individually; and Saade Chibani, as Class Representative of the Lot Owners Similarly Situated in the Culbreath Isle Subdivision, Respondents.

District Court of Appeal of Florida, Second District.

October 19, 2012.

Attorney(s) appearing for the Case

Andrew V. Tramont and Paulino A. Nunez Jr. of Tramont Guerra & Nunez, P.A., Coral Gables, for Petitioner.

Mark P. Buell , Raymond T. Elligett, Jr. , and Shirley T. Faircloth of Buell & Elligett, P.A., Tampa, for Respondent Orline M. Sidman, as plenary guardian of Phyllis Ann Kirkwood.

No appearance for remaining Respondents.

SILBERMAN, Chief Judge.

Travelers Casualty and Surety Company of America seeks certiorari review of the circuit court's order denying its motion to dismiss an amended third-party complaint filed by Orline M. Sidman as plenary guardian of Phyllis Ann Kirkwood. We convert the petition to one seeking a writ of prohibition and grant the writ because the circuit court exceeded its jurisdiction when it allowed Sidman to proceed on the amended third-party complaint.

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