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Oviedo v. Ventura Music Group

District Court of Appeal of Florida, Third District
Oct 17, 2001
797 So. 2d 634 (Fla. Dist. Ct. App. 2001)

Opinion

No. 3D01-2074.

October 17, 2001.

A Writ of Certiorari to the Circuit Court, Miami-Dade County, Celeste H. Muir, J.

Law Offices of Hector R. Almaguer, P.A., and Hector R. Almaguer, for petitioner.

Stollman Grubman, P.A., and Jeffrey S. Grubman, Boca Rotan, for respondent.

Before SCHWARTZ, C.J., FLETCHER, RAMIREZ, JJ.


Petitioner Corinne Oviedo seeks a writ of certiorari to review an order denying her motion to stay a state court action pending the disposition of a pending action in federal court. We grant the petition.

Although a trial court has broad discretion to deny a motion for stay of proceedings, see Air Comfort Mech., Inc. v. Simmons, 252 So.2d 285 (Fla. 2d DCA 1971), "[i]t is well established that when a previously filed federal action is pending between the same parties or privies on the same issues, a subsequently filed state court action ordinarily should be stayed until the determination of the federal action." See City of Miami Beach v. Miami Beach Fraternal Order of Police, 619 So.2d 447 (Fla. 3d DCA 1993).

In this case, the record reflects that the subject matter at issue, as well as the parties, are the same in both the state action as in the federal action. Additionally, the stay order before us contains no reasons in support of the court's denial of Oviedo's motion for stay. We thus agree that the trial court abused its discretion in denying Oviedo's motion for stay.

Accordingly, we grant the petition for writ of certiorari and quash the trial court's order denying Oviedo's motion for stay.

Certiorari granted.


Summaries of

Oviedo v. Ventura Music Group

District Court of Appeal of Florida, Third District
Oct 17, 2001
797 So. 2d 634 (Fla. Dist. Ct. App. 2001)
Case details for

Oviedo v. Ventura Music Group

Case Details

Full title:Corinne OVIEDO, Petitioner, v. VENTURA MUSIC GROUP, a Florida Corporation…

Court:District Court of Appeal of Florida, Third District

Date published: Oct 17, 2001

Citations

797 So. 2d 634 (Fla. Dist. Ct. App. 2001)

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