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).