Florida Arbitration Law.com Florida Mediation Law.com
Intended for businesses and consumers, as well as lawyers, this blawg discusses often-conflicting arbitration standards and practices throughout Florida, in a variety of businesses.
Author: Christopher B. Hopkins is a lawyer at Cole, Scott & Kissane in West Palm Beach, Florida.
Blawg Related Categories: Alternative Dispute Resolution • Law Practice Management • States • Florida
Recent Posts from Florida Arbitration Law.com Florida Mediation Law.com
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Once Motion to Compel is Granted, Failure to Arbitrate May Mean Defendant is Entitled to Fees As a Prevailing Party
Lawyers need to be counsel their clients carefully after a motion to compel arbitration is granted. Depending upon the statutory claims, the failure to proceed with arbitration may lead the defendant to be deemed the…
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Florida Trend Magazine's 2009 Legal Elite
Florida Trend Magazine (July edition) hit the stands last week with its annual list of Legal Elite in the state of Florida broken down by areas of practice. The list represents about 2% of all…
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Third DCA Holds Appellate Rule in Florida Arbitration Code Unconstitutional
The Florida Arbitration Code contains provision F.S. 682.20(1)(c) which states that an appeal may be taken from an order confirming or denying confirmation of an award. So is an Order on Motion to Confirm/Deny Arbitration…
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Revisiting Our Analysis of an Illinois Case Invovling An Anti-ADR Statute
The downside to hosting a blog is that your posts are sometimes rushed or misguided. We haven't found, in three years, instances where we outrightly wished we might retract a post -- although one may…
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Eleventh Circuit Rules That Statutes Which Provide For Enforcement in Court Can Still Be Resolved in Arbitration
A clever but likely short-lived legal theory arose in the case of Elizabeth Picard et al. v. Credit Solutions, Inc. a/k/a Credit Solutions of America, Inc. If a statute indicates that any violation can be…
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Arbitration Clause in Discrete Section of Contract Doesn't Apply to All Disputes
If a contract dispute includes an arbitration clause under a provision entitled, "Procedure for Indemnity Claims," should first party claims be arbitrated? No, according to the Second District in Raymond and Michael Tubbs v. Lisa…
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Third DCA Puts a "Blue Dot" on Proposal for Settlements
Is the Third District trying to send a message regarding Proposals for Settlement? So it appears, at least in Harris Specialty Chemicals, Inc. v. Punto Azul S.A. de C.V. et al. (Gersten, Cortinas and Salter)…
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Third District Declines to Enforce Sanctions Because "21 day" Safe Harbor Letter Did Not Comply with 57.105(4)
We discussed a recent Fourth DCA opinion where that court set out some pointers for how to handle enforcement of a Motion for Sanctions under Florida Statute 57.105 (see Law Offices of Ferdie v. Isaacson).…
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Second DCA Continues to Blush Due to the McKibbin Decision -- Enforces Arbitration Under "Catch All" Clause in POA
In the nursing home context, plaintiffs lawyers have (rightfully) seized upon the vagueness of durable powers of attorney in order to argue that the attorney-in-fact is not authorized to sign admission agreements for the resident/ward…
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Fourth District Explains Procedure to Collect Against Law Firm Under Fla. Stat. 57.105
Need a quick outline on what steps need to be taken to collect on a Florida Statute 57.105 "frivolous" claim motion? The Fourth DCA has a short explanation in Law Offices of Ainslee R. Ferdie,…