Narrative Opinion Summary
The appellate court treated Greenberg Traurig's petition for certiorari as an interlocutory appeal regarding the trial court's order that vacated an earlier stay in the litigation between the parties. The court reversed the order, determining that the legal malpractice action brought by Sun NLF against Greenberg Traurig is contingent upon the outcome of Sun NLF's ongoing unjust enrichment claim against the Dadeland Cove Homeowners' Association. The court found the trial court's decision to vacate the stay was premature, citing relevant case law (Bierman v. Miller, 639 So.2d 627 and Diaz v. Piquette, 496 So.2d 239). Additionally, the court noted that Greenberg Traurig did not receive proper notice of Sun NLF's motion to vacate prior to the oral motion made at the hearing on August 24, 1998. Consequently, the appellate court reversed the trial court's order.
Legal Issues Addressed
Dependency of Legal Malpractice on Other Claimssubscribe to see similar legal issues
Application: The court found that the legal malpractice action is dependent on the outcome of a related unjust enrichment claim.
Reasoning: The court reversed the order, determining that the legal malpractice action brought by Sun NLF against Greenberg Traurig is contingent upon the outcome of Sun NLF's ongoing unjust enrichment claim against the Dadeland Cove Homeowners' Association.
Interlocutory Appeal Treatmentsubscribe to see similar legal issues
Application: The appellate court treated the petition for certiorari as an interlocutory appeal concerning the trial court's order.
Reasoning: The appellate court treated Greenberg Traurig's petition for certiorari as an interlocutory appeal regarding the trial court's order that vacated an earlier stay in the litigation between the parties.
Notice Requirement for Motionssubscribe to see similar legal issues
Application: The court noted that Greenberg Traurig did not receive proper notice of the motion to vacate, impacting the fairness of the proceeding.
Reasoning: Additionally, the court noted that Greenberg Traurig did not receive proper notice of Sun NLF's motion to vacate prior to the oral motion made at the hearing on August 24, 1998.
Premature Vacating of Staysubscribe to see similar legal issues
Application: The appellate court found the trial court's decision to vacate the stay was premature based on precedent.
Reasoning: The court found the trial court's decision to vacate the stay was premature, citing relevant case law (Bierman v. Miller, 639 So.2d 627 and Diaz v. Piquette, 496 So.2d 239).