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Lightsey v. Williams

Citations: 526 So. 2d 764; 1988 WL 59578Docket: 88-903

Court: District Court of Appeal of Florida; June 10, 1988; Florida; State Appellate Court

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Petitioners, property owners bordering Lake Kissimmee, initiated a declaratory judgment action in Polk County to determine their property boundary related to the lake. The Board of Trustees of the Internal Improvement Trust Fund counterclaimed, alleging that the Lightseys were trespassing by depositing fill on sovereign land below the ordinary high water mark. The Board subsequently filed similar trespass actions against other property owners in Osceola County, including a separate action against the Lightseys for a different parcel.

The Osceola County actions were consolidated. Petitioners moved to dismiss these actions for lack of subject matter jurisdiction and sought to stay them pending the outcome of the Polk County case. The Hon. Volie A. Williams, Jr. denied both motions, prompting petitioners to file for a writ of prohibition or certiorari.

Citing relevant case law, the court noted that jurisdiction lies with the circuit where service of process is first perfected, which in this case was Polk County. The court recognized that both the Polk and Osceola actions involved the same parties and substantially the same issues, supporting the appropriateness of abatement.

The court concluded that the trial court's denial of the motion to abate or stay constituted an abuse of discretion and a departure from essential legal requirements. The petition for writ of certiorari was granted, the order denying the motion was quashed, and issuance of the mandate was expedited due to the imminent trial schedule, with no opportunity for rehearing.