WASHINGTON PARK PROPERTIES, LLC v. ESTRADA

No. 4D08-2714.

996 So.2d 892 (2008)

WASHINGTON PARK PROPERTIES, LLC, a Florida Limited Liability Company, Doug Fleishman, Tom Smith and Tom Smith Development, Inc., a Florida corporation, Petitioners, v. Ricardo ESTRADA, Luz E. Leon and Richard Epperly, Respondents.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 14, 2009.


Attorney(s) appearing for the Case

E.J. Generotti of Frank, Weinberg & Black, PL., Plantation, for petitioners.

Louis C. Arslanian, Hollywood, for respondents.


MAY, J.

This petition for writ of prohibition tests the parameters of an order referring matters to a general magistrate. The petitioners argue the referral order cannot be stretched to include parties and issues that were not in existence at the time of the original referral order without their consent. We agree and grant the petition.

The plaintiff filed a complaint against Tom Smith and Tom Smith Development (contractors) alleging construction defects and...

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