ARLENE PECORA, PETITIONER,
v.
SIGNATURE GARDENS, LTD., A FLORIDA LIMITED PARTNERSHIP; DEUX MICHEL, INC., A FLORIDA CORPORATION; SIGNATURE GRAND, LTD., A FLORIDA LIMITED PARTNERSHIP; AND GRAND PARTNERS, INC., A FLORIDA CORPORATION, RESPONDENTS
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An order abating or staying an action pending resolution of a parallel proceeding is not a reviewable non-final order.
Appellant appealed a Broward Circuit Court order abating her action pending resolution of a parallel receivership proceeding in Miami-Dade County. The…
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Arlene Pécora appeals the Broward Circuit Court’s non-final order “abating” her action pending resolution of a parallel receivership proceeding in Miami-Dade County.1 An order abating or staying an action pending disposition of another action is not a reviewable non-final order. See REWJB Gas Invs. v. Land O’Sun Realty, Ltd., 645 So.2d 1055 (Fla. 4th DCA 1994); Hedin v. Indian River County, 610 So.2d 715 (Fla. 4th DCA 1992). We treat the appeal as a petition for writ of certio-rari and deny the petition in light of the Third District’s per curiam affirmance of the Miami-Dade Circuit Court’s jurisdiction, see Pecora v. Berlin, 23 So.3d 727 (Fla. 3d DCA 2009), and leave undisturbed the “abatement” of the petitioner’s action in Broward County.
Petition denied.
*600WARNER, LEVINE, JJ., and McCANN, JAMES W., Associate Judge, concur.
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Citizens Prop. Ins. Corp. v. Rafaela Sosa, 215 So. 3d 90 (Fla. 3d DCA 2016)…nd III of Sosa’s complaint until a determination of coverage is made. It is well-established that “[a]n order abating or staying an action pending disposition of another action is not a reviewable non-final order.” Pecora v. Signature Gardens, Ltd., 25 So. 3d 599, 599 (Fla. 4th DCA 2009). See also Hedin v. Indian River Cty., 610 So. 2d 715 (Fla. 4th DCA 1992). Citizens nonetheless argues that the order is appealable pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(xi), which provides for appea…
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Robinson v. Fla. Peninsula Ins. Co., 178 So. 3d 947 (Fla. 4th DCA 2015)…of certiorari, because there is no adequate remedy for the delay caused by abatement after final judgment.” Britamco Underwriters, Inc. v. Cent. Jersey Invs., Inc., 632 So. 2d 138, 139 (Fla. 4th DCA 1994); see also Pecora v. Signature Gardens, Ltd., 25 So. 3d 599, 599 (Fla. 4th DCA 2009). We find that the trial court’s order in this case departs from the essential requirements of law because it effectively amounts to a dismissal of Robinson’s complaint. If Robinson has in fact completed the repairs, the aba…
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Homeowners Prop. & Cas. Ins. Co., Inc. v. Hurchalla, 171 So. 3d 230 (Fla. 4th DCA 2015)…rchalla is a party defendant in the declaratory judgment action but not a party in the tort action. Also, the trial court did not terminate the declaratory judgment action. Instead, it effectively postponed it. See Pecora v. Signature Gardens, Ltd., 25 So. 3d 599, n. 1 (Fla. 4th DCA 2009) (citing Century Sur. Co. v. de Moraes, 998 So. 2d 662, 663 n. 1 (Fla. 4th DCA 2009) (“Abatement has been utilized to terminate one of two actions pending simultaneously which involve the same parties and the same issues. A…
Authorities Cited
- Rewjb GAS Invs. v. Land O'Sun Realty, Ltd., 645 So. 2d 1055 (Fla. 4th DCA 1994)
- Century Sur. Co. v. de Moraes, 998 So. 2d 662 (Fla. 4th DCA 2009)
- Hedin v. Indian River Cnty., 610 So. 2d 715 (Fla. 4th DCA 1992)
- Pecora v. In re The Est. of Jerome C. Berlin, 994 So. 2d 373 (Fla. 3d DCA 2008)