CORINNE OVIEDO, PETITIONER,
v.
VENTURA MUSIC GROUP, A FLORIDA CORPORATION, RESPONDENT
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The court held that a trial court abused its discretion by denying a motion to stay a state court action pending resolution of a prior federal action involving the same parties and issues.
Petitioner sought to stay a state court action pending the outcome of a previously filed federal action involving the same parties and issues. The tri…
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PER CURIAM.
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Beckford v. Gen. Motors Corp., 919 So. 2d 612 (Fla. 3d DCA 2006)…etween substantially the same parties on substantially the same issues, a subsequently filed state action should be stayed pending the disposition of the federal action. Wade v. Clower, 94 Fla. 817, 114 So. 548 (1927); Oviedo v. Ventura Music Group, 797 So. 2d 634 (Fla. 3d DCA 2001); see also Polaris Public Income Funds v. Einhorn, 625 So. 2d 128 (Fla. 3d DCA 1993). In the instant case, the record reflects that the parties and subject matter at issue are substantially the same in both the federal and state…1 / 2
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Authorities Cited
- AIR Comfort Mech., Inc. v. E. E. "Gene" Simmons & St. Paul Fire & Marine Ins. Co., 252 So. 2d 285 (Fla. 2d DCA 1971)
- City OF Miami Beach v. Miami Beach Fraternal Order OF Police, 619 So. 2d 447 (Fla. 3d DCA 1993)