KOEHLKE COMPONENTS, INC., AN OHIO CORPORATION, PETITIONER,
v.
SOUTH EAST CONNECTORS, INC., A FLORIDA CORPORATION, RESPONDENT
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Koehlke Components sought certiorari review of a trial court's order denying its motion to abate a state court declaratory relief action filed by South East Connectors. The court held that while a prior pending federal action does not mandate abatement of a state suit, the trial court abused its discretion by refusing to stay the state proceedings pending resolution of the federal suit.
The trial court abused its discretion by denying the motion to abate and refusing to stay the state proceedings. While pending federal litigation does not mandate abatement of state court suits, principles of state-federal comity generally require that the state court stay its proceedings pending final resolution of the federal action, absent compelling circumstances such as federal court docketing congestion.
[1] Pendency of a prior suit in federal court does not warrant abatement of a like suit in state court.
[2] A state court may stay or suspend a proceeding until determination of a previously filed federal action involving the same issues.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The pendency of a prior suit in a federal court, however, is not grounds for abatement of a like suit in a state court.”
Establishes the foundational distinction that pending federal litigation does not mandate dismissal of state court actions.
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Join FLexlaw to unlock all legal intelligenceKoehlke filed an action for damages against South East Connectors in federal court (U.S. District Court for the Southern District of Ohio) on July 3, …
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FERGUSON, Judge.
Petitioner, Koehlke Components, Inc., seeks certiorari review of an order denying a Motion to Abate.
Petitioner filed an action for damages against respondent, South East Connectors, Inc., in the United States District Court for the Southern District of Ohio on July 3, 1983, asserting rights under a contract. That action is still pending. On August 1, 1983, respondent commenced this action for declaratory relief seeking a determination of its rights and obligations under the same contract. Petitioner sought, unsuccessfully, to abate the state action on the ground that the same issue was the subject of the pending federal suit.
Generally, a state court will abate an action upon a showing that a prior action involving the same parties and cause of action is presently pending in the same court or other court of like jurisdiction. The pendency of a prior suit in a federal court, however, is not grounds for abatement of a like suit in a state court. State ex rel. Dos Amigos, Inc. v. Lehman, 100 Fla. 1313, 131 So. 533 (1930). Instead, the usual practice in such a case is to suspend or stay the proceedings until the first action is determined. Wade v. Clower, 94 Fla. 817, 114 So. 548 (Fla.1927). Although the trial court has the discretion to deny a stay where the need for state-federal court comity is outweighed by factors such as the congestion of the federal court docket, see ITT-Community Development Corp. v. Halifax Paving, Inc., 350 So. 2d 116 (Fla. 1st DCA 1977), cert. denied, 359 So. 2d 1215 (Fla.1978), this case does not present such a situation. Here, the party seeking affirmative relief on the contract was the party who filed the action in federal court and thus accepted the risk of delay. The record reveals no other reason for a departure from the general rule of comity. Refusal to stay the state action pending final disposition of the federal suit constituted an abuse of discretion.
Certiorari granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Int'l Surplus Lines Ins. Co. v. Markham, 580 So. 2d 251 (Fla. 2d DCA 1991)…s and the same or substantially similar causes of action is pending in the same court or another court of comparable jurisdiction. See Lightsey v. Williams, 526 So. 2d 764 (Fla. 5th DCA 1988); Koehlke Components, Inc. v. South East Connectors, Inc., 456 So. 2d 554 (Fla. 3d DCA 1984); Bartlett v. Bennett, 360 So. 2d 1144 (Fla. 2d DCA 1978). This standard has not been met in the present case. Although ISLIC and the firm are in privity, their interests are antagonistic in both suits. See Whatley, 558 So. 2d at 1…
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Fla. Crushed Stone Co. v. The Travelers Indem. Co., 632 So. 2d 217 (Fla. 5th DCA 1994)…es and the same or substantially similar issues. State v. Harbour Island, Inc., 601 So. 2d 1334 (Fla. 2d DCA 1992); Ricigliano v. Peat, Marwick, Main & Co., 585 So. 2d 387 (Fla. 4th DCA 1991); Koehlke Components, Inc. v. South East Connectors, Inc., 456 So. 2d 554 (Fla. 3d DCA 1984); Schwartz v. DeLoach, 453 So. 2d 454 (Fla. 2d DCA 1984).6 This rule is based on principles of comity. Polaris Public Income Funds v. Einhom, 625 So. 2d 128, 129 (Fla. 3d DCA 1993); Robinson v. Royal Bank of Canada, 462 So. 2d 101…
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Layne L. Lightsey v. The Honorable Volie A. Williams, Jr., 526 So. 2d 764 (Fla. 5th DCA 1988)…623 (Fla. 4th DCA 1984), abatement is appropriate where two actions are pending simultaneously which involve the same parties and the same or substantially the same causes of action. See also Koehlke Components, Inc. v. South East Connectors, Inc., 456 So. 2d 554 (Fla. 3d DCA 1984). There is no doubt as to the identity of parties and issues in the Polk and Osceola County ac [*766] tions involving the Lightseys. Accordingly, the trial court departed from the essential requirements of law in denying petitioner…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Neill G. Wade v. Clower, 94 Fla. 817 (Fla. 1927)
- State of Fla. ex rel. Dos Anigos, Inc. v. Lehman, 100 Fla. 1313 (Fla. 1930)
- Craft v. State of Fla. ex rel. Richard S. King & Patrici K. King, 350 So. 2d 116 (Fla. 4th DCA 1977)