OFFICE DEPOT v. MARSH & MCLENNAN COMPANIES

No. 4D05-4644.

937 So.2d 1139 (2006)

OFFICE DEPOT, INC., Petitioner, v. MARSH & McLENNAN COMPANIES, INC., Marsh, Inc., Marsh USA, Inc., American International Group, Inc., American International Specialty Lines Insurance Company, American Home Assurance Company, National Union Fire Insurance Company of Pittsburgh, Pennsylvania, The St. Paul Travelers Companies, Inc., Discover Reinsurance Company, St. Paul Fire & Marine Insurance Company, Travelers Casualty & Surety Company of America, Ace American Insurance Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company, Respondents.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 19, 2006.


Attorney(s) appearing for the Case

Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., West Palm Beach, Sidney A. Stubbs, and Joanne M. O'Connor of Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, Edmund M. Kneisel, James F. Bogan, III, and Svetlana Gans of Kilpatrick Stockton LLP, Atlanta, GA, for petitioner.

Sylvia H. Walbolt, Steven E. Brodie, and Dean A. Morande of Carlton Fields, P.A., Miami, for respondents American International Group, Inc., American International Specialty Lines Insurance Company, American Home Assurance Company, and National Union Fire Insurance Company of Pittsburgh, Pennsylvania.

Francis A. Anania and Ana M. Alexander of Anania, Bandklayder, Blackwell, Baumgarten, Torricella & Stein, Miami, for respondents Marsh & McLennan Companies, Inc., Marsh, Inc., and Marsh USA, Inc.

Peter W. Homer and Gregory J. Trask of Homer Bonner, Miami, for respondents The St. Paul Travelers Companies, Inc., Discover Reinsurance Company, St. Paul Fire and Marine Insurance Company, Travelers Casualty and Surety Company of America.

William R. Scherer and Susan H. Aprill of Conrad & Scherer, LLP, Fort Lauderdale, for respondents ACE American Insurance Company.

Christopher E. Knight of Fowler White Burnett, P.A., Miami, for respondents Zurich American Insurance Company and American Guarantee & Liability Insurance Company.


GROSS, J.

The circuit court granted a stay of this case pending certification of a class action in New Jersey federal court. The court ruled on the erroneous assumption that its ruling was required by a case from this court. We therefore grant the petition for writ of certiorari and remand to the circuit court to reconsider the issue of whether a stay should be granted.

In the circuit court, Office Depot sued Marsh & McLennan Companies, an insurance...

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