Florida District Courts of Appeal, 1999

Barker ex rel. RDP Royal Palm Hotel Ltd. v. Peebles

Barker ex rel. RDP Royal Palm Hotel Ltd. v. Peebles
Florida District Courts of Appeal · Decided October 27, 1999 · Cope, Fletcher, Goderich
744 So. 2d 551; 1999 Fla. App. LEXIS 14171; 1999 WL 973582 (Southern Reporter, Second Series)

Barker ex rel. RDP Royal Palm Hotel Ltd. v. Peebles

Opinion of the Court

PER CURIAM.

In the underlying derivative action, the plaintiff, Cecile D. Barker, appeals from an order dismissing his complaint without prejudice to refile pending the conclusion of two other lawsuits, one filed in Dade County Circuit Court and one filed in the Superior Court of the District of Columbia. We reverse finding that the dismissal was highly prejudicial to the plaintiff as the statute of limitations may run in the derivative action before the Washington D.C. suit is concluded. Accordingly, because the factual issues being litigated in the Washington D.C. suit are similar to the factual issues raised in the derivative action, the trial court should have, as the defendants properly concede, entered a stay pending resolution of the Washington D.C. suit only.

Reversed and remanded with directions.

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