Pecora v. Signature Gardens, LTD
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2009 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. No. 4D09-1192 [December 9, 2009] PER CURIAM. Arlene Pecora 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 certiorari a n d de n y th e petition in light of the Third District s per curiam affirmance of the Miami-Dade Circuit Court s jurisdiction, see Pecora v. Berlin, Nos. 3D09-1343 & 3D09-594, 2009 WL 3466089 (Fla. 3d DCA Oct. 28, 2009), and leave undisturbed the abatement of the petitioner s action in Broward County. Petition denied. 1 Although the trial court designated its order as an abatement, the order was effectively a stay, as it did not terminate the action. See 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 stay, by contrast, essentially postpones one proceeding until a contingency occurs. ). WARNER, LEVINE, JJ., and MCCANN, JAMES W., Associate Judge, concur. * * * Petition for writ of certiorari to the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey E. Streitfeld, Judge; L.T. Case No. 09-232 19. Nancy W. Gregoire of Kirschbaum, Birnbaum, Lippman & Gregoire, PLLC, Fort Lauderdale, and Steven M. Katzman of Katzman, Wasserman, Bennardini & Rubinstein, P.A., Boca Raton, for petitioner. Glenn J. Waldman and William E. Calnan of Waldman Trigoboff Hildebrandt Marx & Calnan, P.A., Weston, for respondents. G. Bart Billbrough of Billbrough & Marks, P.A., Coral Gables, for intervener Bret Berlin, as Personal Representative of the Estate of Jerome Berlin. Not final until disposition of timely filed motion for rehearing. -2-
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