
    John A. HIRSCH and Ronald W. Zolla, Petitioners, v. CLOWER & DEMMING, etc., Respondents.
    No. 5D99-2949.
    District Court of Appeal of Florida, Fifth District.
    April 28, 2000.
    Rehearing Denied June 14, 2000.
    Theodore R. Doran of Doran & Wolfe, Daytona Beach, for Petitioners.
    Harold C. Hubka of Black, Sims, Hubka, Burnett, Birch & Rawnsley, LLP, Daytona Beach, for Respondents.
   PER CURIAM.

John A. Hirsch and Roland W. Zoila petition for a writ of certiorari to review an order denying their motion to abate an action in the circuit court by respondents, Clower & Demming, Daytona Ophthalmic Services, P.A., d/b/a Daytona Ophthalmic Services (DOS). We grant the petition, issue the writ, and quash the order of denial.

The action below was initiated by DOS against Hirsch and Zoila, and sought a declaratory judgment as to the legality of the same contracts involved in this court’s opinion in Hirsch v. DiGaetano, 732 So.2d 1177 (Fla. 5th DCA 1999). DOS was also a party in that previous case and appealed after the complaint was amended in the circuit court to add DOS as a party. We previously ruled that an action involving the same issues and parties had been filed in a Massachusetts court and the principle of priority compelled that a -later filed Florida action be stayed. We have not changed our opinion.

PETITION GRANTED; WRIT ISSUED; ORDER QUASHED; REMANDED.

W. SHARP, HARRIS and PETERSON, J.J., concur.  