Hernandez v. Progressive Select — affirmed the circuit court without a written opinion

Case
Leah Hernandez v. Progressive Select Insurance Company
Court
Florida Fifth District Court of Appeal
Judge
JAY, C.J. (Ron DeSantis, 2023); Lambert, J. (Rick Scott, 2014); EISNAUGLE, J. (Rick Scott, 2017)
Date Decided
October 27, 2026
Docket No.
5D2025-2931
Topics
Insurance; Appeals; Per Curiam Affirmance
Source
Read the full opinion

Background

Leah Hernandez appealed a decision of the Circuit Court for Seminole County in her case against Progressive Select Insurance Company. Circuit Judge Susan Stacy presided over the lower-court proceeding, identified as case number 2018-CA-001670.

The Fifth District Court of Appeal’s opinion does not describe the underlying insurance dispute, the circuit court’s ruling, the issues Hernandez raised on appeal, or the parties’ arguments.

The Court’s Holding

The Fifth District affirmed the circuit court’s decision in a per curiam opinion. Chief Judge Jay and Judges Lambert and Eisnaugle concurred.

The court provided no reasoning or discussion of the merits. The opinion therefore establishes only that the judgment under review was affirmed; it does not identify a legal rule or explain the basis for the appellate court’s decision.

Key Takeaways

  • The circuit court’s decision in favor of Progressive Select Insurance Company remains in place.
  • The appellate court affirmed without a written explanation of its reasoning.
  • The opinion does not disclose the underlying facts, appellate issues, or legal standards applied.

Why It Matters

The decision ends the appeal at the panel level while offering no substantive guidance for other insurance disputes. Because the court issued an unexplained per curiam affirmance, practitioners should not infer that the panel adopted any particular rationale beyond approving the result below.

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