TORTS: LEGAL MALPRACTICE: ARBITRATION: CIVIL PROCEDURE: VOLUNTARY DISMISSAL: TRIAL COURT LACKED JURISDICTION TO COMPEL VOLUNTARILY DISMISSED DEFENDANT TO SUBMIT TO ARBITRATION

Williams v. Kevin F. Jursinski, P.A., ___ So. 3d ___, 40 Fla. L. Weekly D705 (Fla. 2d DCA March 20, 2015)

The plaintiff sued a professional association and its former associate for legal malpractice. The plaintiff voluntarily dismissed the professional association after it filed a motion to compel arbitration. The trial court granted the motion and compelled the plaintiff, the … Click To Read Full Case Law Review...

TORTS: MEDICAL MALPRACTICE: NURSING NEGLIGENCE; CIVIL PROCEDURE: MANDATORY NONBINDING ARBITRATION: PARTIES ARE ENTITLED TO AN EXTRA FIVE DAYS TO REQUEST TRIAL DE NOVO IF ARBITRATOR’S DECISION IS SERVED BY MAIL

Harold v. Sanders, ___ So. 3d ___, 40 Fla. L. Weekly D619 (Fla. 2d DCA March 11, 2015)

The parties to an action for medical malpractice and nursing negligence submitted to mandatory nonbinding arbitration. The trial court entered judgment based upon the arbitration award twenty three days after the decision was mailed to the parties. The appellate court reversed because … Click To Read Full Case Law Review...

ARBITRATION: MANDATORY NONBINDING ARBITRATION: MANDATORY NONBINDING ARBITRATION WAS NOT INVALID BECAUSE ORDER OF REFERRAL WAS NOT SUBSTANTIALLY SIMILAR TO MANDATORY FORM ORDER ADOPTED IN CIRCUIT; JUDGMENT: RELIEF FROM JUDGMENT: LAWYER’S IGNORANCE OF DEADLINE FOR REQUESTING TRIAL DE NOVO DID NOT CONSTITUTE EXCUSABLE NEGLECT; APPEALS: INVITED ERROR: PLAINTIFF INVITED ERROR BY FAILING TO OBJECT TO AGREED ORDER SCHEDULING NONBINDING ARBITRATION

Alexander v. Quail Pointe II Condominium, ___ So. 3d ___, 40 Fla. L. Weekly D600 (Fla. 5th DCA March 6, 2015)

A plaintiff, who failed to make a timely request for trial de novo after mandatory nonbinding arbitration, was bound by the result even though the order of referral to arbitration was not substantially similar to the form order … Click To Read Full Case Law Review...

ARBITRATION: AN AGREEMENT TO ARBITRATE FUTURE DISPUTES IN ANOTHER JURISDICTION IS VOIDABLE UNDER THE FLORIDA ARBITRATION CODE (FAC) BUT NOT UNDER THE FEDERAL ARBITRATION ACT (FAA): AN EMPLOYMENT AGREEMENT BETWEEN A FLORIDA RESIDENT AND A NONRESIDENT CORPORATION IMPLICATES INTERSTATE COMMERCE AND IS GOVERNED BY THE FAA: ARBITRATION OF A WORKER’S COMPENSATION RETALIATORY DISCHARGE CLAIM DOES NOT VIOLATE THE PUBLIC POLICY: EMPLOYER DID NOT WAIVE ITS RIGHT TO ARBITRATE WORKER’S COMPENSATION RETALIATORY DISCHARGE CLAIM BY FAILING TO DEMAND ARBITRATION OF WORKER’S COMPENSATION CLAIM: THREAT TO FIRE PLAINTIFF IF HE DID NOT SIGN EMPLOYMENT CONTRACT WAS INSUFFICIENT TO CONSTITUTE DURESS: AGREEMENT TO ARBITRATE WORKER’S COMPENSATION RETALIATORY DISCHARGE CLAIM WAS NOT SUBSTANTIVELY UNCONSCIONABLE: AS A RESULT, IT WAS UNNECESSARY TO CONSIDER ISSUE OF PROCEDURAL UNCONSCIONABILITY

AMS Staff Leasing, Inc. v. Taylor,  ___ So. 3d ___, 40 Fla. L. Weekly D575 (Fla. 4th DCA March 4, 2015) 

On January 7, 2015, the court issued its original opinion, which was summarized in this blog. On March 4, 2015, the court issued a revised opinion, but the court’s holding and reasoning remained the same. As a result, … Click To Read Full Case Law Review...

TORTS: PREMISES LIABILITY: NEGLIGENCE, ARBITRATION: AGREEMENT TO ARBITRATE CLAIMS ARISING OUT OF EMPLOYMENT DID NOT EXTEND TO CLAIM ARISING OUT OF SEXUAL ASSAULT WHILE ASLEEP IN EMPLOYER PROVIDED DORMITORY ROOM, CIVIL PROCEDURE: VENUE: FORUM NON CONVENENS, FORUM SELECTION CLAUSE IN ARBITRATION AGREEMENT DID NOT WAIVE FORUM NON CONVENIENS CHALLENGE

Club Mediterranee, S.A. v. Fitzpatrick, ___ So. 3d ___, 40 Fla. L. Weekly D500 (Fla. 3d DCA February 25, 2015)

The plaintiff, who was employed by Club Med as a costume designer, was sexually assaulted while asleep in her employer provided dormitory room in the Bahamas. When the plaintiff brought an action for premises liability and negligence in Florida, Club … Click To Read Full Case Law Review...