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CAPITAL ASSUR. CO., INC. v. MARGOLIS

No. 98-2746

726 So.2d 376 (1999)

CAPITAL ASSURANCE CO., INC., Petitioner, v. James R. MARGOLIS, M.D., James R. Margolis, M.D., & Associates, P.A., f/k/a Margolis, Krauthamer & Martin, M.D.'s, P.A., and South Miami Hospital Foundation, Inc., d/b/a/ South Miami Hospital, Respondents.

District Court of Appeal of Florida, Third District.

February 10, 1999.

Attorney(s) appearing for the Case

Law Offices of Bohdan Neswiacheny, and Clifford M. Miller, Hollywood, for petitioner.

Cole White & Billbrough, P.A., and G. Bart Billbrough, Miami, for respondent South Miami Hospital Foundation, Inc.

Homer & Bonner, and Jay A. Gayoso, Miami, for respondents James R. Margolis, M.D., and James R. Margolis, M.D., and Associates, P.A.

Before NESBITT, GODERICH, and SHEVIN, JJ.

PER CURIAM.

Capital Assurance Company, Inc., petitioned this court for certiorari to review the trial court's order denying Capital's motion to stay the state court proceedings pending the resolution of related federal proceedings. Capital asserted that denial of the stay was improper because it then faced essentially the same issue in two fora: Did the liability policy it issued to South Miami Hospital (SMH) provide coverage for the lawsuit filed against SMH by Dr...

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