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Companion v. McClin, Burnsed

District Court of Appeal of Florida, Fifth District
Dec 2, 1994
645 So. 2d 1109 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-1863.

December 2, 1994.

Petition for review from the Circuit Court, Lake County, G. Richard Singeltary, J.

Paul S. Rothstein, Gainesville, for petitioners.

Lora A. Dunlap and Jennifer L. Gentry of Fisher, Rushmer, Werrenrath, Keiner, Wack Dickson, P.A., Orlando, for respondents.


The petition for certiorari is denied. Both parties agree that the issue in the instant action cannot be resolved until an adjudication terminates a previously filed action. The petitioners want this action stayed until the prior action is completed; the respondents argue that dismissal is appropriate. We agree with the respondents since no cause of action will accrue until, and if, the petitioners receive an adverse result in the previous case. See Adams, George and Wood v. Travelers Ins. Co., 359 So.2d 457 (Fla. 3d DCA 1978), citing Weiner v. Moreno, 271 So.2d 217 (Fla. 3d DCA 1973).

DENIED.

W. SHARP, PETERSON and DIAMANTIS, JJ., concur.


Summaries of

Companion v. McClin, Burnsed

District Court of Appeal of Florida, Fifth District
Dec 2, 1994
645 So. 2d 1109 (Fla. Dist. Ct. App. 1994)
Case details for

Companion v. McClin, Burnsed

Case Details

Full title:ELEANOR COMPANION, ET AL., PETITIONERS, v. McCLIN, BURNSED, MORRISON…

Court:District Court of Appeal of Florida, Fifth District

Date published: Dec 2, 1994

Citations

645 So. 2d 1109 (Fla. Dist. Ct. App. 1994)