GREENBERG TRAURIG HOFFMAN LIPOFF ROSEN & QUENTEL, P.A., JULIE WILLIAMSON, AN INDIVIDUAL, AND GARY SAUL, AN INDIVIDUAL, APPELLANTS,
v.
SUN NLF LIMITED PARTNERSHIP, AND DADELAND COVE SECTION ONE HOMEOWNERS ASSOCIATION, INC. APPELLEES
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The court held that an attorney not representing a party in a specific case cannot be compelled to accept service of process for that party in that case.
The court granted Greenberg Traurig's petition for writ of certiorari, quashing the trial court's order compelling them to accept service of the notice of deposition for Ms. Buscemi.
David Bolton, having obtained a judgment against Marie Buscemi, attempted to serve her attorneys, Greenberg Traurig, with a notice of deposition to di…
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PER CURIAM.
Pursuant to Appellate Rule 9.130(a)(3)(B), we treat Greenberg Traurig’s petition for certiorari as an interlocutory appeal of the trial court’s order vacating an earlier stay in the underlying litigation between the parties, and hereby reverse the order under review.
Because we find that Sun NLF’s legal malpractice action against Greenberg Trau-rig depends upon the resolution of Sun NLF’s unjust enrichment action against the Dadeland Cove Homeowners’ Association, which still pends, we hold that vacation of the stay of the malpractice action was premature. See Bierman v. Miller, 639 So. 2d 627 (Fla. 3d DCA 1994); Diaz v. Piquette, 496 So. 2d 239 (Fla. 3d DCA 1986). Further, in our view, Greenberg Traurig was not given proper notice of Sun NLF’s motion to vacate prior to the oral motion made by Sun NLF at the August 24,1998, hearing.
For these reasons, we hereby reverse the order under review.
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Citator
Cited By
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Miller v. Lindback Constr. Corp., 782 So. 2d 903 (Fla. 3d DCA 2001)…t had severed and abated the legal malpractice action against Miller and directs him to participate in mediation with all parties. See Fla. R.App. P. 9.130(a)(3)(B); Greenberg Traurig Hoffman Lipoff Rosen & Quentel, P.A. v. Sun NLF Ltd. Partnership, 719 So. 2d 1029 (Fla. 3d DCA 1998); Klein v. Royale Group Ltd., 524 So. 2d 1061, 1063 n. 1 (Fla. 3d DCA 1988). Because it is impossible at this time to determine whether Lindback Construction Corporation has suffered redressable harm from the acts alleged to have c…
Authorities Cited
- Bierman v. Miller, 639 So. 2d 627 (Fla. 3d DCA 1994)
- Eligio Barrios & Goldstone Co., N.V. v. Duran, 496 So. 2d 239 (Fla. 3d DCA 1986)
- Bismark Diaz & Bis D. Corp. v. Piquette, 496 So. 2d 239 (Fla. 3d DCA 1986)