252 So. 3d 329
Fla. Dist. Ct. App.2018Background
- Super Products, a Delaware LLC, sued Intracoastal (a Florida LLC) for breach of an equipment rental agreement alleging unpaid charges.
- Intracoastal moved to dismiss because Super Products had not obtained a Florida certificate of authority before filing, as required by section 605.0904(1). The trial court dismissed without prejudice.
- On direct review this court reversed the dismissal, explaining the statute bars maintenance of an action but does not provide dismissal as the statutory remedy, and remanded to consider a stay under section 605.0904(3).
- After remand Super Products obtained a certificate of authority from the Florida Department of State and filed it in the circuit court. Intracoastal then moved, alleging the certificate was fraudulently obtained based on a misstatement in the application.
- The circuit court declared the certificate invalid and entered an indefinite stay of the proceedings under section 605.0904(3). Super Products petitioned for certiorari from that nonfinal stay order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court could declare validly issued Department of State certificate of authority invalid and indefinitely stay the case | Certificate, once issued and filed by the Department, authorizes Supe r Products to proceed; court cannot review or void the Department's executive act | Court can invalidate a certificate it finds was fraudulently obtained and stay the action until a proper certificate is obtained | Court held the trial court exceeded its authority; only the Department may determine compliance and suspend/revoke, so the court could not declare the Department-issued certificate invalid or stay the case |
| Whether an indefinite stay is subject to certiorari review as causing irreparable harm | Indefinite stay prevents access to courts and is irreparable; certiorari proper | Stay is permissible under §605.0904(3) pending determination of authority; not necessarily irreparable | Court found the indefinite stay caused irreparable harm and certiorari jurisdiction was proper |
Key Cases Cited
- Super Prods., LLC v. Intracoastal Envtl., 210 So. 3d 240 (Fla. 2d DCA 2017) (prior panel decision reversing dismissal and directing reconsideration of stay)
- Citizens Prop. Ins. Corp. v. San Perdido Ass'n, 104 So. 3d 344 (Fla. 2012) (certiorari available for nonfinal orders causing irreparable harm)
- Allstate Ins. Co. v. Kaklamanos, 843 So. 2d 885 (Fla. 2003) (departure-from-the-essential-requirements-of-law standard for certiorari review)
- Paley v. Cocoa Masonry, Inc., 354 So. 2d 945 (Fla. 2d DCA 1978) (orders staying proceedings reviewable by certiorari)
- Stein v. Bayfront Med. Ctr., Inc., 287 So. 2d 401 (Fla. 2d DCA 1973) (stay orders subject to certiorari review)
- State v. Antonucci, 590 So. 2d 998 (Fla. 5th DCA 1991) (indefinite stays and certiorari jurisdiction)