NATIONAL AMERICAN INSURANCE COMPANY, PETITIONER,
v.
CHARLOTTE COUNTY AND GILARDE ENVIRONMENTAL OF FLORIDA, INC., RESPONDENTS
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A subsequently filed state court action should ordinarily be stayed pending resolution of a previously filed federal action involving the same parties and issues.
National sued Charlotte County in federal court for declaratory relief and breach of contract. The County later filed a state court action against Nat…
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PER CURIAM.
National American Insurance Company (National) petitions for writ of certiorari to review an order denying its motion to stay the state court action pending the disposition of the prior declaratory judgment action involving the same subject matter filed in federal court. We grant the petition.
National filed suit against Charlotte County in federal court seeking declaration of its rights and liabilities under its surety bond. National later amended its complaint to add a count for damages resulting from the County’s alleged breach of construction contract. Approximately two months later, the County filed a state court action against National and the contractor, National’s principal, for breach of the surety bond and the construction contract. Although the County asserts that the issues in the state court action are broader than the claims raised in the federal action, the issues involved in both actions are essentially the same. Thus, disposition of the federal action will resolve the issues raised in the state action.
When a previously filed federal action is pending between the same parties involving the same issues, a subsequently filed state court action ordinarily should be stayed until resolution of the federal action. See Wade v. Clower, 94 Fla. 817, 114 So. 548 (1927); Schwartz v. DeLoach, 453 So. 2d 454 (Fla. 2d DCA 1984); State v. Harbour Island Inc., 601 So. 2d 1334 (Fla.2d DCA 1992). This court in DeLoach recognized that there may be circumstances under which the denial of a stay would be justified upon a showing of the likelihood of undue delay in the disposition of the prior action. DeLoach at 455. However, where as here, the federal action has only been pending for a few months, the state action should be stayed. DeLoach.
We therefore grant certiorari, quash the order denying stay, and remand with directions to stay this suit pending disposition of the federal action.
SCHOONOVER, A.C.J., and HALL and THREADGILL, JJ., concur.
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Fla. Crushed Stone Co. v. The Travelers Indem. Co., 632 So. 2d 217 (Fla. 5th DCA 1994)…ot have to be identical; it is sufficient that the two actions involve a single set of facts and that resolution of the one case will resolve many of the issues involved in the subsequently filed case. National American Ins. Co. v. Charlotte County, 611 So. 2d 1284 (Fla. 2d DCA 1992) (trial court erred by refusing to grant stay of state court action by surety for breach of surety bond in view of prior pending federal action for declaratory judgment concerning substantially same issues); Harbour Island, 601 So.…
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City OF Miami Beach v. Miami Beach Fraternal Order OF Police, 619 So. 2d 447 (Fla. 3d DCA 1993)…privies on the same issues, a subsequently filed state court action ordinarily should be stayed until the determination of the federal action. Wade v. Clower, 94 Fla. 817, 114 So. 548 (1927); National American Insurance Company v. Charlotte County, 611 So. 2d 1284 (Fla. 2d DCA 1992); State v. Harbour Island, Inc., 601 So. 2d 1334 (Fla. 2d DCA 1992); Koehlke Components, Inc. v. South [*448] East Connectors, Inc., 456 So. 2d 554 (Fla. 3d DCA 1984); Schwartz v. DeLoack, 453 So. 2d 454 (Fla.2d DCA 1984). Althou…
Authorities Cited
- Neill G. Wade v. Clower, 94 Fla. 817 (Fla. 1927)
- Schwartz v. DeLOACH, 453 So. 2d 454 (Fla. 2d DCA 1984)
- State v. Harbour Island, Inc., 601 So. 2d 1334 (Fla. 2d DCA 1992)