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BANNER SUPPLY CO. v. HARRELL

No. 3D09-2165.

25 So.3d 98 (2009)

BANNER SUPPLY CO., Petitioner, v. Jason HARRELL and Melissa Harrell, etc., Respondents.

District Court of Appeal of Florida, Third District.

December 23, 2009.

Attorney(s) appearing for the Case

Adorno & Yoss, and Jack R. Reiter and Jordan S. Kosches, Miami, for petitioner.

Podhurst Orseck, and Stephen F. Rosenthal, Robert C. Josefsberg, Victor M. Diaz, Jr., and Alexander Rundlet, Miami; Mark Blumstein, Aventura; Higer Lichter & Givner, and David H. Lichter, Clearwater and J. Joseph Givner, for respondents.

Before SUAREZ and SALTER, JJ., and SCHWARTZ, Senior Judge.

SUAREZ, J.

Banner Supply Company ("Banner") petitions for a writ of certiorari to quash the trial court's order denying Banner's motion to abate or, in the alternative, for a writ of mandamus directing the trial court to fulfill a mandatory duty to abate the proceedings below. We deny the petition for certiorari as well as the alternative petition for a writ of mandamus.

The claimants below ("Harrells") filed the initial complaint on February 3, 2009, as a...

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