First American Title Insurance Co. v. Hatch

District Court of Appeal of Florida

First American Title Insurance Co. v. Hatch

683 So. 2d 654, 1996 Fla. App. LEXIS 12808, 1996 WL 692140

CourtDistrict Court of Appeal of Florida

DecidedDecember 4, 1996

DocketNo. 96-2850

StatusPublished

Cited by1 cases

This text of 683 So. 2d 654 (First American Title Insurance Co. v. Hatch) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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First American Title Insurance Co. v. Hatch, 683 So. 2d 654, 1996 Fla. App. LEXIS 12808, 1996 WL 692140 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

This petition for writ of certiorari challenges the trial court’s order abating the action. The order of abatement was not proper in this case. See REWJB Gas Invs. v. Land O’ Sun Realty, Ltd., 643 So.2d 1107 (Fla. 4th DCA 1994), rev. dismissed, 651 So.2d 1197 (Fla.1995); Rodriguez v. Yount, 623 So.2d 618 (Fla. 4th DCA 1993). The term “abatement” in the trial court order may have been a misnomer; the court may have intended to enter a stay, an order which would have been within the trial court’s broad discretion in this case. See REWJB, 643 So.2d at 1108; Bartlett v. Bennett, 360 So.2d 1144 (Fla. 2d DCA 1978).

That portion of the July 24, 1996 order abating the action is quashed, without prejudice to the trial court entering a stay order.

GUNTHER, C.J., and STEVENSON and GROSS, JJ., concur.

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PER CURIAM.

This petition for writ of certiorari challenges the trial court’s order abating the action. The order of abatement was not proper in this case. See REWJB Gas Invs. v. Land O’ Sun Realty, Ltd., 643 So.2d 1107 (Fla. 4th DCA 1994), rev. dismissed, 651 So.2d 1197 (Fla.1995); Rodriguez v. Yount, 623 So.2d 618 (Fla. 4th DCA 1993). The term “abatement” in the trial court order may have been a misnomer; the court may have intended to enter a stay, an order which would have been within the trial court’s broad discretion in this case. See REWJB, 643 So.2d at 1108; Bartlett v. Bennett, 360 So.2d 1144 (Fla. 2d DCA 1978).

That portion of the July 24, 1996 order abating the action is quashed, without prejudice to the trial court entering a stay order.

GUNTHER, C.J., and STEVENSON and GROSS, JJ., concur.

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Bluebook (online)

683 So. 2d 654, 1996 Fla. App. LEXIS 12808, 1996 WL 692140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-american-title-insurance-co-v-hatch-fladistctapp-1996.

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