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Cypress Gardens Condominium Ass'n v. Mieli

Citations: 804 So. 2d 407; 2001 Fla. App. LEXIS 14120; 2001 WL 1190253Docket: No. 4D01-1203

Court: District Court of Appeal of Florida; October 3, 2001; Florida; State Appellate Court

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Cypress Gardens Condominium Association sought certiorari review of an order that allowed respondents, unit owner Winston Mieli and tenant Yves J. Belot, to postpone state court proceedings while a federal claim was resolved. Cypress Gardens had initiated action against Mieli and Belot to prevent Mieli from renting to Belot and to compel Belot to vacate the premises, alleging that Belot failed to submit a required tenant application and that Mieli did not provide the Association with a lease copy.

Subsequently, Belot and Mieli filed complaints with the Department of Housing and Urban Development (HUD) claiming race and color discrimination. Just before the state trial, Belot sought a continuance based on HUD's findings indicating reasonable cause for discrimination. Mieli and Belot then filed a federal suit seeking a declaration of unfair housing practices, injunctive relief, civil penalties, and damages.

The trial court granted the continuance, reasoning that the federal claim was closely related to the state court action, thereby staying the state declaratory judgment and eviction proceedings. The appellate court granted Cypress Gardens' petition, quashed the trial court’s order, and remanded the case for further proceedings, emphasizing that the state action, filed first, involved state law matters, particularly the interpretation of Cypress Gardens’ declaration of covenants. Judges Polen, Warner, and Klein concurred.