Verlingo v. Tesley

801 So.2d 1009, 27 Fla. L. Weekly D74

Briefs and Other Related Documents Judges and Attorneys

District Court of Appeal of Florida, Fourth District.

Frederick VERLINGO and Tina Villa, Petitioners,
v.
Steven TELSEY and Donald Butler, Respondents.

No. 4D01-2882.

Dec. 19, 2001.

Plaintiffs petitioned for writ of certiorari, seeking relief from an order of the Seventeenth Judicial Circuit Court, Broward County, Leroy H. Moe, J., granting defendants' motion to stay proceedings without prejudice, pending resolution of arbitration proceeding that plaintiffs filed against other parties pursuant to arbitration clause in agreement between plaintiffs and those parties. The District Court of Appeal held that stay of proceeding pending resolution of arbitration proceeding was not warranted.
Petition granted.

West Headnotes


Headnote Citing References KeyCite Citing References for this Headnote

Key Number Symbol 25T Alternative Dispute Resolution
Key Number Symbol 25TII Arbitration
Key Number Symbol 25TII(D) Performance, Breach, Enforcement, and Contest
Key Number Symbol 25Tk190 Stay of Proceedings Pending Arbitration
Key Number Symbol 25Tk196 k. Particular Cases. Most Cited Cases
(Formerly 33k23.9 Arbitration)

Stay of civil proceeding without prejudice, pending resolution of arbitration proceeding that plaintiffs filed against other parties pursuant to arbitration clause in agreement between plaintiffs and those parties, was not warranted, even though facts underlying two proceedings were related, where claims against different sets of respondents were entirely different and distinct, and nothing suggested that defendants who sought stay would have been bound in any way by result of arbitration proceeding, except that damages for which they might have been held liable in proceeding would have been reduced by any damages plaintiffs might have recovered in arbitration proceeding.
*1009 Russell L. Forkey of Russell L. Forkey, P.A., Boca Raton, for petitioners.

Cristofer A. Bennardo of Bennardo & Bennardo, Boca Raton, for respondents.

PER CURIAM.


Petitioners, plaintiffs below, seek certiorari relief from an order granting the defendants' *1010 motion to stay proceedings without prejudice, pending the resolution of an arbitration proceeding the plaintiffs have filed against other parties pursuant to an arbitration clause in an agreement between the plaintiffs and those parties. We grant the petition.
As this court recently stated,
While a trial court has broad discretion to grant or deny a motion to stay a case pending before it, REWJB Gas Invs. v. Land O'Sun Realty, Ltd., 643 So.2d 1107 (Fla. 4th DCA 1994) , a "delay of the entire proceedings may constitute a departure from the essential requirements of law and cause irreparable injury that cannot be remedied on direct appeal." Smith v. St. Vil, 765 So.2d 60 (Fla. 4th DCA 2000) .

Shake Consulting, LLC v. Suncruz Casinos, LLC, 781 So.2d 494, 495 (Fla. 4th DCA 2001) (replacing the quote in Smith from "final appeal" to "direct appeal.").

Although the facts underlying the two proceedings are related, the claims against the different sets of respondents are entirely different and distinct, and nothing suggests that the defendants in this case will be bound in any way by the result of the arbitration proceeding, except that the damages for which they might be held liable in the instant proceeding will be reduced by any damages the plaintiffs may recover in the arbitration proceeding. See Rowell v. Smith, 342 So.2d 149, 150 (Fla. 1st DCA 1977) ; Neale v. Aycock, 340 So.2d 535, 536 (Fla. 1st DCA 1976) .

GUNTHER, KLEIN and GROSS, JJ., concur.




Fla.App. 4 Dist.,2001.
Verlingo v. Telsey
801 So.2d 1009, 27 Fla. L. Weekly D74


Briefs and Other Related Documents (Back to top)


Judges and Attorneys (Back to top) Judges | Attorneys Judges

  • Gross, Hon. Robert M.

State of Florida District Court of Appeal, 4th District Florida Litigation History Report | Judicial Reversal Report | Judicial Expert Challenge Report | Profiler

  • Gunther, Hon. Bobby W.

State of Florida District Court of Appeal, 4th District Florida Litigation History Report | Judicial Reversal Report | Profiler

  • Klein, Larry A.

Litigation History Report | Judicial Reversal Report | Profiler

  • Moe, Hon. Leroy H.

State of Florida Circuit Court, 17th Judicial Circuit Florida Litigation History Report | Judicial Reversal Report | Profiler


Attorneys Attorneys for Petitioner

  • Forkey, Russell L. Esq.

Boca Raton, Florida Litigation History Report | Profiler