OPKO Health, Inc. v. Lipsius
OPKO sought certiorari review of an order denying its motion to stay two Florida shareholder derivative actions in favor of an earlier federal securities class action and a Delaware derivative action. The Third DCA granted the petition, holding that under the principle of priority jurisdiction attaches where service of process is first perfected — not where the complaint is first filed — and that the Delaware action, served before the Florida suits, had priority. Because the actions involved substantially similar parties and issues, failing to stay the Florida cases departed from the essential requirements of law.
Key facts
- OPKO Health, Inc. sought certiorari review to stay two Florida shareholder derivative actions that were filed after a Delaware derivative action and a federal securities class action involving substantially similar parties and issues.
- The trial court denied OPKO's motion to stay the Florida derivative suits in favor of the earlier-filed federal and Delaware actions.
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