terry's takes
Filtered by category: writ of mandamusJune 9, 2023
6th dca, venue, writ of mandamusBravo v. State of Florida
This Sixth DCA opinion reversed a venue transfer, reaffirming that mandamus petitions follow general venue rules, including the "home venue privilege." This rule typically ensures that civil actions against the state or its agencies are brought in the county where the agency has its principal headquarters, barring exceptions or waivers.
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.
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