Summary
In Laurence v. Soler, 706 So.2d 896 (Fla. 3d DCA 1998) (" Soler I"), this court issued a writ of certiorari, abating the actions at law regarding the alleged partnership transactions until a determination was made as to whether a partnership/joint venture actually existed. If the court found the existence of a partnership/joint venture, then an accounting was to be held.
Summary of this case from Soler v. Secondary Holdings, Inc.Opinion
Case No. 97-3009.
Opinion filed February 11, 1998. JANUARY TERM, A.D. 1998. Rehearing Denied April 1, 1998.
A Writ of Certiorari to the Circuit Court for Dade County, Amy Dean, Judge. L.T. No. 97-3841
Kozyak, Tropin Throckmorton, P.A. and Paul C. Huck; Robert J. Bryan; Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin Perwin, P.A. and Robert C. Josefsberg, for petitioners.
St. Louis, Guerra Auslander, P.A., and Charles M. Auslander, and Jorge L. Guerra, for respondents.
Before SCHWARTZ, C.J., and GREEN and SHEVIN, JJ.
Petitioners seek certiorari review of the trial court's order denying their motion to dismiss or stay this alleged partnership dispute pending a resolution of the equitable action for an accounting. We agree that the trial court departed from the essential requirements of law by denying the petitioner's motion to dismiss or stay the causes of action until all of the proceedings involved with the dissolution of the partnership and the accounting have been completed. See Miller v. Taplin, 692 So.2d 932, 933 (Fla. 3d DCA), review denied, No. 90, 836 (Fla. Nov. 13, 1997). The law is clear that an action at law may not be maintained between partners with respect to partnership transactions until there has been an accounting or settlement of partnership affairs. See Wills v. Andrews, 73 Fla. 384, 387, 75 So. 618, 619 (1917); White v. Ross, 35 Fla. 377, 379, 17 So. 640, 641 (1895); Miller, 692 So.2d at 933; Boyce v. Hort, 666 So.2d 972, 973 (Fla. 5th DCA 1996); Dahlawi v. Ramlawi, 644 So.2d 523, 524 (Fla. 3d DCA 1994), review denied, 652 So.2d 817 (Fla. 1995);RBC I, Inc. v. AJAR I, Inc., 519 So.2d 743, 744 (Fla. 3d DCA 1988).
We therefore grant the writ of certiorari, quash the order under review, and remand with instructions that the actions at law be abated until a determination is made that a partnership was formed, see Dahlawi, 644 So.2d at 523, and until the action for an accounting has been completed.See Miller, 692 So.2d at 933.