Opinion
No. 5D99-2949.
Opinion filed April 28, 2000.
Petition for Writ of Certiorari Review of Order from the Circuit Court for Volusia County, Joseph G. Will, Judge.
Theodore R. Doran of Doran Wolfe, Daytona Beach, for Petitioners.
Harold C. Hubka of Black, Sims, Hubka, Burnett, Birch Rawnsley, LLP, Daytona Beach, for Respondents.
John A. Hirsch and Roland W. Zolla petition for a writ of certiorari to review an order denying their motion to abate an action in the circuit court by respondents, Clower Demming, Daytona Ophthalmic Services, P.A., d/b/a Daytona Ophthalmic Services (DOS). We grant the petition, issue the writ, and quash the order of denial.
The action below was initiated by DOS against Hirsch and Zolla, and sought a declaratory judgment as to the legality of the same contracts involved in this court's opinion in Hirsch v. DiGaetano, 732 So.2d 1177 (Fla. 5th DCA 1999). DOS was also a party in that previous case and appealed after the complaint was amended in the circuit court to add DOS as a party. We previously ruled that an action involving the same issues and parties had been filed in a Massachusetts court and the principle of priority compelled that a later filed Florida action be stayed. We have not changed our opinion.
PETITION GRANTED; WRIT ISSUED; ORDER QUASHED; REMANDED.
SHARP, W., HARRIS and PETERSON, J.J., concur.