01-2074 OVIEDO V. VENTURA

State: Florida

Court: Florida Third District Court

Docket No: 01-2074 OVIEDO V. VENTURA

Case Date: 10/17/2001

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001

CORINNE OVIEDO, Petitioner, vs. VENTURA MUSIC GROUP, a Florida Corporation, Respondent.

** ** ** ** ** ** CASE NO. 3D01-2074 01-9217

LOWER TRIBUNAL NO.

Opinion filed October 17, 2001. A Writ of Certiorari to the Circuit Court for Miami-Dade County, Celeste H. Muir, Judge. Law Offices of Hector Almaguer, for petitioner. Stollman respondent. & Grubman, R. Almaguer, and P.A., S. and Hector R. for

P.A.,

Jeffrey

Grubman,

Before SCHWARTZ, C.J., FLETCHER, RAMIREZ, JJ. 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.

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