YACHTING PROMOTIONS, INC., APPELLANT,
v.
BROWARD YACHTS, INC., D/B/A BROWARD MARINE, APPELLEE
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Yachting Promotions appealed a trial court's grant of a mandatory temporary injunction in favor of Broward Yachts. The appellate court reversed, holding that the Dade county circuit court had prior jurisdiction over the same parties and subject matter, and therefore the Broward county court erred in entering the injunction.
The court held that the Broward county court lacked jurisdiction and erred in granting the injunction because the Dade county circuit court had prior jurisdiction over litigation between the same parties concerning the same subject matter (rights to space at the 2001 Dade show). The court reversed and remanded for abatement, transfer, or other appropriate action.
[1] Where a claim is pending between the same parties in different circuits, jurisdiction lies in the circuit where service of process is first perfected.
[2] A party may be entitled as a matter of law to abatement of a second lawsuit where there is a complete identity of the parties and the causes of action.
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Join FLexlaw to unlock all legal intelligence“where a claim is pending between the same parties in different circuits, "jurisdiction lies in the circuit where service of process is first perfected."”
Establishes the controlling rule of jurisdiction when parallel suits are filed in different circuits.
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Join FLexlaw to unlock all legal intelligenceYachting Promotions, a yacht show promoter, and Broward Yachts were involved in disputes over show space allocations at boat shows in different counti…
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PER CURIAM.
In this non-final appeal, we reverse the trial court’s order granting a mandatory temporary injunction in favor of Broward Yachts.1 The parties to this Seventeenth Circuit (Broward) action are also the parties in a ease pending in the Eleventh Circuit (Dade), in which Appellant, a yacht show promoter, has a previously filed counterclaim seeking relief as to the same issue and claims asserted in this action.
It is well established that where a claim is pending between the same parties in different circuits, “jurisdiction lies in the circuit where service of process is first perfected.” Mabie v. Garden St. Mgmt. Corp., 397 So. 2d 920, 921 (Fla.1981). See also REWJB Gas Invs. v. Land O’Sun Realty, Ltd., 643 So. 2d 1107, 1108 (Fla. 4th DCA 1994) (noting that a party may be entitled as a matter of law to abatement of a second lawsuit, and thereby entitled to dismissal of that lawsuit, where there is a complete identity of the parties and the causes of action), rev. dismissed sub nom, Williams v. Williams, 651 So. 2d 1197 (Fla.1995); Martinez v. Martinez, 153 Fla. 753, 15 So. 2d 842 (1943).
The litigation before us involves Appellant’s claims to an allocation of show space at a year 2001 boat show taking place in Dade county. The trial court, here, was apprised that there had been prior litigation in Broward county between the parties; however, that litigation concerned a year 2000 boat show that took place in Broward county. The pending Dade county suit was initially brought by Appellee on claims arising out of a separate year 2000 boat show that took place in Dade county. It is undisputed that Appellant has a pending counterclaim in the Dade action, to which Appellee has responded, seeking declaratory relief with respect to the year 2001 boat show being held in Dade county which pre-dates the institution of this Bro-ward county action.
As the circuit court in Dade county has prior jurisdiction in litigation between the same parties as to the same subject matter, Appellee’s claim of right to space at the 2001 Dade show, the circuit court in Broward county erred by entering the temporary injunction. We, therefore, reverse and remand for abatement, transfer, or other action consistent with this opinion.
WARNER, C.J., STONE and SHAHOOD, JJ., concur. . We note that we have considered Appellant's emergency motion to review the trial court’s denial of a stay and Appellee's response in lieu of briefs.
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Cited By
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Yachting Promotions, Inc. v. Broward Yachts, Inc., 876 So. 2d 624 (Fla. 4th DCA 2004)…d motion for appellate fees and costs as untimely. For the reasons discussed below, we reverse the order of the trial court. The underlying facts of this case, previously addressed by this court in Yachting Promotions, Inc. v. Broward Yachts, Inc., 782 So. 2d 937 (Fla. 4th DCA 2001), involve Yachting Promotions’ claims to an allocation of show space at a 2001 boat show taking place in Dade County. Subsequent actions, involving these parties and prior boat shows, were brought in Broward County. This court, on…
Authorities Cited
- Lefferts L. Mabie, Jr. v. Garden St. Mgmt. Corp., 397 So. 2d 920 (Fla. 1981)
- Martinez v. Martinez, 153 Fla. 753 (Fla. 1943)
- Rewjb GAS Invs. v. Land O' SUN Realty, Ltd., 643 So. 2d 1107 (Fla. 4th DCA 1994)
- Morgan v. State, 153 Fla. 753 (Fla. 1943)