terry's takes
Filtered by category: arbitrationApril 1, 2024
supreme court of the united states of america, arbitrationXavier v. Treasure Bay V.I. Corp.
The plaintiff withdrew his objection to the defendant’s motion to compel arbitration. The arbitrator held for the defendant. Two years later, the plaintiff tried to challenge the magistrate’s ability to send the case to arbitration, but the magistrate did have that authority, and the lapse of two years was long past the 10-day window for challenging a magistrate’s ruling, so the plaintiff waived his challenge.
read moreMarch 14, 2024
4th dca, arbitration, medical malpracticePalacios v. Lawson
Where an arbitration agreement contracted around Florida’s medical malpractice act rather than incorporating parts of the arbitration statutes under Chapter 766, it was not void under public policy. It was enforceable, and the trial court erred in holding otherwise.
read moreMarch 9, 2024
general, arbitrationFlying Panda Fla., LLC v. Rutherford
The DCA reversed a trial court's decision denying Flying Panda’s motion to compel arbitration in a case involving a customer injury at the trampoline park. Plaintiff Rutherford had signed a waiver that included an arbitration clause. Although Rutherford challenged the waiver’s validity due to an exculpatory clause, the DCA held that under Florida law, arbitration clauses are severable, and any challenge to the contract's validity should first be addressed by the arbitrator unless specifically targeting the arbitration clause itself. The court ruled that the trial court should have enforced the arbitration clause and remanded with instructions to compel arbitration
read moreMay 3, 2023
2nd dca, arbitration, writ of mandamusBeyond Billing, Inc. v. Spine and Orthopedic Center, P.C.
The Second DCA denied Beyond Billing's petition for a writ of mandamus, ruling that a formal motion for trial de novo is unnecessary under Rule 1.820. The court held that the parties' joint motion to amend the case management order, which acknowledged the arbitration and expressed intent to continue discovery and prepare for trial, was sufficient to demonstrate their intent to proceed to trial, precluding a final judgment based on the arbitration award.
read moreMarch 22, 2023
4th dca, arbitrationVitesse, Inc. v. Mapl Associates LLC
in this case, the parties went to nonbinding arbitration and then, for some reason, had a second nonbinding arbitration. unpleased with the result, vitesse filed a request for a trial de novo under section 44.103(5) and fla. r. civ. p. 1.820(h).
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