The opinion
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
JESSE BUNNELL, as personal representative of the
ESTATE OF BRIANNA M. BROWN, deceased,
Petitioner,
v.
WAR NETWORK, LLC, A Florida Limited Company d/b/a
WE ARE RECOVERY; and SECOND CHANCE DETOX, LLC, a Florida
Limited Liability Company d/b/a COMPASS DETOX,
Respondents.
No. 4D2025-2431
[April 8, 2026]
Petition for writ of certiorari to the Circuit Court for the Seventeenth
Judicial Circuit, Broward County; William W. Haury, Jr., L.T. Case Nos.
062022CA014229AXXXCE; 062025CA004844AXXXCE.
Aaron M. Clemens of Romano Law Group, West Palm Beach, for
petitioner.
Philip Louis Reizenstein of Reizenstein & Associates, P.A., Miami, and
Lawrence R. Plunkett, Jr. of Reich, Album & Plunkett, L.L.C., Mandeville,
Louisiana, pro hac vice, for respondents.
PER CURIAM.
Jesse Bunnell, as personal representative for the estate of Brianna M.
Brown, petitions for a writ of certiorari to quash an order denying
consolidation of two circuit court actions arising from Brianna Brown’s
death and a motion to stay proceedings in the earlier-filed action. Bunnell
argues that certiorari relief is warranted because the primary and related
cases arise from the same nucleus of operative facts and evidence, and
separate trials pose the inherent risk of producing inconsistent and
repugnant verdicts. We grant the petition and quash the circuit court’s
orders consolidating the cases and imposing a stay.
In the first case, the decedent’s husband and three surviving children
alleged that in 2020 the decedent attended Second Chance Detox, LLC,
d/b/a Compass Detox as an inpatient, WAR Networks, LLC, d/b/a We Are
Recovery as an intensive outpatient, and lived in Oasis, a residential
substance abuse recovery facility to treat substance abuse issues. Both
Second Chance and War Networks were purchased by Tamara Markovich.
In 2021, the decedent suffered a fatal overdose. The following year, her
husband and children filed a complaint alleging wrongful death against
WAR; wrongful death damages for breach of fiduciary duties against WAR;
wrongful death against Second Chance; wrongful death damages for
breach of fiduciary duty against Second Chance; wrongful death against
Markovich; and wrongful death damages for breach of fiduciary duty
against Markovich. The complaint was subsequently amended, and the
trial was set for August 2025.
In the second case, her husband and children filed a complaint against
Drew Lieberman, M.D., Richard Waserstein, and Ness Group, LLC alleging
civil Florida RICO (Racketeering Influence and Corruption Organization)
Act claim for declaratory judgment against Lieberman; civil RICO claim
against Waserstein for declaratory judgment; civil RICO claim for
declaratory judgment against Ness Group; civil remedies for criminal
practices claim against Lieberman, Waserstein, and Ness Group; civil
remedies for criminal practices claim against Waserstein; and civil
remedies for criminal practices claim against Ness Group. The second
case was set for trial in August 2026.
The parties in the first case jointly moved to consolidate both cases on
the grounds that doing so would promote the efficient administration of
justice, conserve judicial resources, avoid inconsistent results, prevent
multiple court appearances, and prevent repugnant or inconsistent
verdicts. Lieberman opposed consolidation, and the motion was denied.
“[W]here the denial of a party’s motion to consolidate two actions could
cause repugnant and inconsistent verdicts, such denial is a departure
from the essential requirements of the law, because it could cause material
injury that cannot be remedied on appeal.” Tracey v. Swanholm Cent.,
LLC, 223 So. 3d 448, 450 (Fla. 2d DCA 2017) (citing Tommie v. LaChance,
412 So. 2d 439, 441 (Fla. 4th DCA 1982)). That is the case here. So we
grant the petition and quash the circuit court’s order denying
consolidation of the two related cases.
Petition granted.
KUNTZ, C.J., CONNER and KLINGENSMITH, JJ., concur.
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Not final until disposition of timely-filed motion for rehearing.
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