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Miller v. Taplin

District Court of Appeal of Florida, Third District
Apr 2, 1997
692 So. 2d 932 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-3321

Opinion filed April 2, 1997. Rehearing Denied May 21, 1997.

A Writ of Certiorari to the Circuit Court for Dade County, Margarita Esquiroz, Judge.

Lapidus Frankel and Richard L. Lapidus, for appellant.

Aragon, Burlington, Weil Crockett and Lawrence D. Goodman; Stettin Coleman and Herbert Stettin, for appellees.

Before LEVY, GERSTEN, and GREEN, JJ.


The trial court departed from the essential requirements of law by denying the petitioner's motion to dismiss or abate the actions at law between the partners until all of the proceedings involved with the dissolution of the partnership and the accounting have been completed. Haines City Community Dev. v. Heggs, 658 So.2d 523 (Fla. 1995). Accordingly, we grant the writ of certiorari and quash the trial court order at issue in the instant case and remand this cause to the trial court with instructions to abate the actions at law between the petitioner and respondents until such time as the partnership has been dissolved and an accounting has been conducted. See Dahlawi v. Ramlawi, 644 So.2d 523 (Fla. 3d DCA 1994), review denied, 652 So.2d 817 (Fla. 1995); RBC I, Inc. v. AJAR I, Inc., 519 So.2d 743 (Fla. 3d DCA 1988).


Summaries of

Miller v. Taplin

District Court of Appeal of Florida, Third District
Apr 2, 1997
692 So. 2d 932 (Fla. Dist. Ct. App. 1997)
Case details for

Miller v. Taplin

Case Details

Full title:CAROLYN R. MILLER, PETITIONER, vs. MARTIN W. TAPLIN AND 1177 KANE…

Court:District Court of Appeal of Florida, Third District

Date published: Apr 2, 1997

Citations

692 So. 2d 932 (Fla. Dist. Ct. App. 1997)

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