Annotations, Discussions, Cases:
Cases Citing Statute 44.104
Total Results: 28
908 So. 2d 392, 30 Fla. L. Weekly Supp. 511, 2005 Fla. LEXIS 1454, 2005 WL 1576244
Supreme Court of Florida | Filed: Jul 7, 2005 | Docket: 1724821
Cited 44 times | Published
...fore any cause of action accruesand no statute requiring a parent to obtain court approval before agreeing to arbitrate a claim once it has been filed. Thus, with the exception of disputes involving child custody, visitation, or child support, See § 44.104(14), Fla....
...ae to prohibit arbitration of those claims. Instead, the Legislature has specifically authorized enforcement of agreements to arbitrate pending civil disputes while specifically exempting only disputes involving custody, support, and visitation. See § 44.104(14), Fla....
874 So. 2d 26, 2004 WL 912604
District Court of Appeal of Florida | Filed: Apr 30, 2004 | Docket: 1738250
Cited 34 times | Published
...Contending that the policy terms were ambiguous and must be construed in its favor, West Florida sued to recover $83,712 that it claimed to be due under the policy. Following procedural maneuvering not relevant here, the parties submitted the matter to voluntary trial resolution in Hillsborough County pursuant to section 44.104, Florida Statutes (2001)....
...Co., 842 So.2d 947, 949 (Fla. 2d DCA), review dismissed, 846 So.2d 1148 (Fla.2003); Auto-Owners Ins. Co. v. Marvin Dev. Co., 805 So.2d 888, 891 (Fla. 2d DCA 2001). The facts determined in the voluntary trial resolution proceeding are not subject to appeal. See § 44.104(11)....
656 So. 2d 470, 20 Fla. L. Weekly Supp. 260, 1995 Fla. LEXIS 954, 1995 WL 337998
Supreme Court of Florida | Filed: Jun 8, 1995 | Docket: 1283708
Cited 29 times | Published
...However, under our statutes and rules of civil procedure, if an arbitration occurs after a claimant files a lawsuit under section 44.103, Florida Statutes (1993) ("Court-ordered, nonbinding arbitration") (implemented by Florida Rule of Civil Procedure 1.820), or section 44.104, Florida Statutes (1993) ("Voluntary binding arbitration") (implemented by Florida Rule of Civil Procedure 1.830), the claimant will be required to pay 60% of a punitive damage award to the general revenue fund of the State of Florida pursuant to the provisions of section 768.73(2), Florida Statutes (1991)....
...or vindicating a civil right or of redressing some civil wrong." Moreover, they constitute methods of dispute resolution that the legislature has recognized and that the judicial branch has strongly advocated and implemented. See, e.g., §§ 44.103, 44.104, Fla....
855 So. 2d 1212, 20 I.E.R. Cas. (BNA) 840, 2003 Fla. App. LEXIS 15268, 2003 WL 22326664
District Court of Appeal of Florida | Filed: Oct 13, 2003 | Docket: 1510898
Cited 13 times | Published
...in arbitration, just as it would in court. If the plaintiff does not prevail in arbitration and believes that her costs and fees were so high as to prevent her from exercising her statutory rights, she may appeal the ruling to the circuit court. See § 44.104(10), Fla....
735 So. 2d 587, 1999 WL 436575
District Court of Appeal of Florida | Filed: Jun 30, 1999 | Docket: 1431324
Cited 5 times | Published
..., Florida Statutes, arbitration is a process whereby a neutral third person or panel considers the facts and arguments presented by the parties and renders a decision which may be binding or non-binding." Fla. R. Arb. 11.030(b) (emphasis added); see § 44.104(8), Fla....
998 So. 2d 4, 33 Fla. L. Weekly Fed. D 2373
District Court of Appeal of Florida | Filed: Oct 8, 2008 | Docket: 1701394
Cited 4 times | Published
...f the issues in this case on December 5th and 6th, 2006 before Judge John Gale, Retired. (Emphasis added). The question before us is whether the language of the Agreement, wherein the parties opted to arbitrate all "issues" between them, contravenes section 44.104, Florida Statutes (2006), which specifically forbids arbitration of disputes involving child custody, visitation, or child support. Section 44.104, Florida Statutes (2006), provides, in pertinent part: (1) Two or more opposing parties who are involved in a civil dispute may agree in writing to submit the controversy to voluntary binding arbitration, or voluntary trial resolution,...
...n lieu of litigation of the issues involved, prior to or after a lawsuit has been filed, provided no constitutional issue is involved. . . . . (14) This section shall not apply to any dispute involving child custody, visitation, or child support.... Section 44.104(1), (14), Florida Statutes (2006) (emphasis added)....
..."[T]he intent of the legislature must guide our analysis, and that intent must be determined primarily from the language of the statute." Hale v. State, 891 So.2d 517, 521 (Fla.2004) (citing Miele v. Prudential-Bache Sec. Inc., 656 So.2d 470, 471 (Fla.1995)). *6 The plain language of section 44.104(14) prohibits binding arbitration of child custody, visitation, or child support matters, as was done in this particular case....
...Accordingly, there is no question that the portion of the Award that pertains to child custody, visitation, or child support must be vacated and reversed. Next, we consider whether the remaining portions of the Award, such as the alimony award, may be upheld. This determination depends on the meaning of "dispute" within section 44.104....
..., and child support is excluded from arbitration in its totality or whether arbitration is precluded only as to the individual issues of child custody, visitation, or child support. We begin by acknowledging that the term "dispute," as it appears in section 44.104, is ambiguous and susceptible to different interpretations....
...Accordingly, we must look beyond the plain meaning of the statute. See Weber v. Dobbins, 616 So.2d 956, 958 (Fla. 1993); see also Bautista v. State, 863 So.2d 1180, 1185-86 (Fla.2003). Moreover, we are not aware of any case law interpreting the application of the term "dispute" in section 44.104....
...This language further demonstrates that the legislature envisioned different meanings for "dispute" and "issues," where "issues" describe the finer points of contention between parties that ultimately comprise the totality of the "dispute." Based on the foregoing, we hold that the term "dispute" in section 44.104(1) and (14), Florida Statutes (2006), was intended by the legislature to reference the complete action between the parties, as opposed to the "issues involved" in the dispute. Thus, by specifying that section 44.104 "shall not apply to any dispute involving child custody, visitation, or child support," the legislature intended to exclude from arbitration all lawsuits that involve issues of child custody, visitation, or child support. See section 44.104(14), Florida Statues (2006) (emphasis added)....
...modified to delete the delegation of judicial authority...." Id. Similarly, the situation presented for our review involves an agreed order submitting the entire case to binding arbitration. The issue of delegating judicial authority in violation of section 44.104(14) of the Florida Statutes was not raised during trial. However, as in Nashid, we find that it was plain error for the trial court to delegate its judicial authority to an arbitrator to decide matters relating to child custody, visitation, or child support as mandated in section 44.104(14), Florida Statutes. Because this case involved issues of child custody, visitation, and child support, and was therefore proscribed from arbitration by section 44.104, Florida Statutes (2006), we reverse the trial court's order approving the Award, vacate the entire Award, and remand for further proceedings....
...arently mindful of the statutory limitations to our vacating this arbitration award under the Florida Arbitration Code, the former husband argues for the first time on appeal that the award is void for lack of subject matter jurisdiction pursuant to section 44.104(14), of the Florida Mediation Statute....
...ers involving child custody, visitation, or child support may not be nevertheless arbitrated under Chapter 682. As we pointed out in Schulberg v. Schulberg, 883 So.2d 352, 356 n. 4 (Fla. 3d DCA 2004), "[w]hile this language would preclude the use of section 44.104 for such a dispute, it leaves open the question whether an arbitration clause excluded from 44.104 might nonetheless be enforceable under chapter 682, Florida Statutes." In this case, the former husband is making the argument that section 44.104(14) is jurisdictional. As such, he argues that a violation of this statute may be raised outside of the ninety-day time constraint of section 682.12(2). Assuming, without deciding, that section 44.104(14) is a jurisdictional statute, the former husband is nevertheless incorrect as a matter of law....
...I have located no authority, statutory or otherwise, for an appellate court to reverse and vacate an arbitration award under such circumstances and the majority opinion certainly offers no such authority. [7] Given our limited standard of judicial review on challenges to arbitration awards, I therefore conclude that if section 44.104(14) is to serve as an additional basis for an appellate court to vacate an arbitration award, either within or outside of the ninety-day time constraints of section 682.13(2), it must be done by legislative enactment rather than judicial fiat, as my brothers in the majority have done. [8] Accordingly, I believe that we are compelled to affirm the trial court's confirmation of this arbitration award. NOTES [1] Sections 44.302 and 44.304, Florida Statutes, were later renumbered as sections 44.102 and 44.104, Florida Statutes, respectively. [2] Subsection (12) of section 44.304, Florida Statutes, was later renumbered as subsection (14) of section 44.104, Florida Statutes, and the language therein was expanded....
...icial authority. Thus, the Nashid court was not faced with the limited appellate review of an actual arbitrator's award as we are in this case. [8] Indeed, in Schulberg, we pointed out that although some arbitration agreements may be subject to both section 44.104 and Chapter 682, there may be contrasting provisions in these statutes, which need clarification by the Florida Legislature....
35 So. 3d 1033, 2010 Fla. App. LEXIS 8160, 2010 WL 2292104
District Court of Appeal of Florida | Filed: Jun 9, 2010 | Docket: 1144910
Cited 4 times | Published
...La Gorce's complaint was later amended, and alleged 1) fraud in the inducement *1037 against ITT, 2) aiding and abetting fraud in the inducement by Witt and GMWA, 3) violation of FDUTPA by ITT and GMWA, 4) professional malpractice by Witt and GMWA, and 5) breach of the GMWA Agreements by GMWA. Pursuant to section 44.104, Florida Statutes (2006), the parties agreed to try the case before a trial resolution judge....
...liability provision applied only to GMWA, and the conclusion that La Gorce failed to prove fraud in the inducement and violation of FDUTPA by ITT. I. Standard of Review The trial resolution judge's findings of fact are not reviewable on appeal. See section 44.104(11), Florida Statutes (2008) ("Factual findings determined in the voluntary trial are not subject to appeal.")....
...evidence supports the conclusion that although [ITT] designed a system which did not perform as promised, they [sic] do not rise to the level of unfair or deceptive practices against a consumer acting reasonably under the circumstances." Pursuant to section 44.104(11), Florida Statutes, we are bound by the factual findings of the trial resolution judge....
932 So. 2d 634, 2006 WL 1879000
District Court of Appeal of Florida | Filed: Jul 7, 2006 | Docket: 1285602
Cited 3 times | Published
...This agreement was not ambiguous, and Sonnel was a party to it. Chapter 44, Florida Statutes (2004), authorizes a court to order nonbinding arbitration, § 44.103, and to order voluntary binding arbitration when opposing parties so agree in writing, § 44.104....
...ration award within 90 days after delivery of copy of award); § 44.103(5) (directing judge to enter orders or judgments necessary to carry out arbitration decision when no timely motion for trial de novo has been made after nonbinding arbitration); § 44.104(10) (providing limited grounds for party to raise in challenging decision rendered in voluntary binding arbitration); § 44.104(13) (directing judge to enter orders or judgments necessary to carry out arbitration decision when no timely appeal has been taken); Fla....
169 So. 3d 1265, 2015 Fla. App. LEXIS 11399
District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679158
Cited 2 times | Published
...KLINGENSMITH, J., concurring specially.
I concur in the majority’s opinion in this case, but write separately to
address an important issue raised in this appeal.
The parties in this case stipulated to voluntary binding arbitration
pursuant to section 44.104, Florida Statutes....
709 So. 2d 185, 1998 WL 161199
District Court of Appeal of Florida | Filed: Apr 9, 1998 | Docket: 2571262
Cited 2 times | Published
...Baxley, II, Gainesville, for Appellant. Michael J. Korn of Korn, Zehmer & Gellatly, P.A., and Ross T. Clark of Law Offices of Bateh & Clark, Jacksonville, for Appellee. PER CURIAM. Marcel E. Marty appeals both an order of the circuit court by which his section 44.104(10), Florida Statutes, appeal of an arbitration award was dismissed and the consequent section 44.104(11), Florida Statutes, orders of the circuit court by which the arbitration award was confirmed and money damages in the amount set by the arbitrator were awarded....
883 So. 2d 352, 2004 WL 2101991
District Court of Appeal of Florida | Filed: Sep 22, 2004 | Docket: 1370052
Cited 1 times | Published
...encing with 2003." On this appeal, the former wife argues in substance that the enforcement order is fundamental error. She states that it has come to her attention that there is a statutory prohibition on arbitration of child support. She points to section 44.104, Florida Statutes (2003), which addresses voluntary binding arbitration. Subsection 44.104(14) provides, "This section [44.104] shall not apply to any dispute involving child custody, visitation, or child support...." The former wife reasons that tuition is a form of child support. See Montante v. Montante, 627 So.2d 554, 556 (Fla. 4th DCA 1993). She argues that under subsection 44.104(14), the parties' arbitration clause is unenforceable. We conclude that there is no fundamental error here. We reject the former wife's analysis. Although not addressed by the parties, we have considerable doubt that section 44.104, Florida Statutes, applies to the parties' arbitration clause. Subsection 44.104(1) states, "Two or more opposing parties who are involved in a civil dispute may agree in writing to submit the controversy to voluntary binding arbitration ......
...te. The parties' arbitration clause, by contrast, was entered into in 1996 to govern possible future disputes about private schooling which might arise in 1998 or thereafter. It appears that the parties' arbitration clause is outside of the scope of section 44.104. [3] Assuming for purposes of discussion that section 44.104 applies to the parties' arbitration clause, the question is whether the parties' arbitration clause is one which applies "to any dispute involving ......
...If the arbitrator's answer is yes, then the former husband will owe 60% of the tuition cost, as the parties have already decided between themselves how to allocate the cost. If the former husband fails to pay, enforcement is for the court. Assuming arguendo that section 44.104 is applicable here, the parties' arbitration agreement is consistent with, and not prohibited by, subsection 44.104(14)....
...may include in a written contract a provision for the settlement by arbitration of any controversy thereafter arising between them relating to such contract or the failure or refusal to perform the whole or any part thereof.") (Emphasis added). [4] We suggest that the Legislature revisit section 44.104, Florida Statutes, from two standpoints. First, as presently written, subsection 44.104(14) indicates, "This section [44.104] shall not apply to any dispute involving child custody, visitation, or child support...." While this language would preclude the use of section 44.104 for such a dispute, it leaves open the question whether an arbitration clause excluded from 44.104 might nonetheless be enforceable under chapter 682, Florida Statutes. Second, while section 44.104 and chapter 682 are similar, there are some differences. It appears that some arbitration agreements may be subject to both statutes. Compare § 44.104(1), Florida Statutes, with id....
District Court of Appeal of Florida | Filed: Oct 27, 2021 | Docket: 60677187
Published
provided no constitutional issue is involved.” § 44.104(1), Fla. Stat. (2019) (entitled “Voluntary binding
45 So. 3d 961, 2010 Fla. App. LEXIS 15558, 2010 WL 3984798
District Court of Appeal of Florida | Filed: Oct 13, 2010 | Docket: 2396740
Published
...Disputes thereafter arose between the parties regarding financial issues only. The parties initiated the arbitration process and a five-day arbitration was scheduled in order to address financial issues. Before the arbitration could commence, this court issued its opinion in Toiberman. That case interpreted section 44.104, Florida Statutes (2006), as excluding from arbitration "all lawsuits that involve issues of child custody, visitation, or child support." 998 So.2d at 7....
...ent proceedings and because the only dispute involves financial issues. The trial court agreed with the wife and ruled that the arbitration clause was not enforceable. The husband has appealed. The Toiberman decision held that: the term "dispute" in section 44.104(1) and (14), Florida Statutes (2006), was intended by the legislature to reference the complete action between the parties, as opposed to the "issues involved" in the dispute. Thus, by specifying that section 44.104 "shall not apply to any dispute involving child custody, visitation, or child support," the legislature intended to exclude from arbitration all lawsuits that involve issues of child custody, visitation, or child support....
814 So. 2d 1065, 2001 WL 1577073
District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 1717804
Published
...IT IS THEREFORE THE RULING OF THE UNDERSIGNED THAT THIS BINDING ARBITRATION DECISION BE IN FAVOR OF OSTER AND AGAINST DEEN. Deen filed a complaint in circuit court challenging the arbitrator's decision. He alleged that the arbitration proceedings were governed by section 44.104, Florida Statutes (2000), which required compliance with the Florida Evidence Code....
...Nevertheless, the allegations do not show partiality of the arbitrator in the award itself. As such, the trial court did not err in concluding that the allegations of the complaint were legally insufficient to warrant vacation of the award. Appellant also challenges the statutory scheme dealing with arbitration. Section 44.104 which allows for arbitration requires the application of Florida Evidence Code, while arbitration pursuant to chapter 682 does not....
District Court of Appeal of Florida | Filed: Jun 16, 2021 | Docket: 59988811
Published
GORDO, JJ. PER CURIAM. Affirmed. See § 44.104(11), Fla. Stat. (2020) (“Factual findings determined
Supreme Court of Florida | Filed: Jul 14, 2022 | Docket: 63591315
Published
Hearing Procedures. Subject to these rules and section 44.104, Florida Statutes, the parties may, by written
District Court of Appeal of Florida | Filed: Jul 14, 2021 | Docket: 60056689
Published
appointment of a trial resolution judge pursuant to section 44.104, Florida Statutes, (2020). We grant the petition
972 So. 2d 1103, 2008 WL 239029
District Court of Appeal of Florida | Filed: Jan 30, 2008 | Docket: 1159170
Published
...s liability limitations. As set forth in the defendants' clarification, their offer was subject to the provisions of chapter 766, which includes the statutory damages limitations. It follows that the trial court erred in compelling arbitration under section 44.104, Florida Statutes, and in ruling that section 766.207, Florida Statutes is inapplicable....
District Court of Appeal of Florida | Filed: Jan 2, 2025 | Docket: 69512415
Published
resolution of various matters pursuant to section 44.104, Florida Statutes. Jill Pardes, as personal
264 So. 3d 1143
District Court of Appeal of Florida | Filed: Feb 22, 2019 | Docket: 64705123
Published
or county court to nonbinding arbitration."); § 44.104(1), Fla. Stat. (2017) ("Two or more opposing parties
264 So. 3d 1143
District Court of Appeal of Florida | Filed: Feb 22, 2019 | Docket: 64705122
Published
or county court to nonbinding arbitration."); § 44.104(1), Fla. Stat. (2017) ("Two or more opposing parties
272 So. 3d 430
District Court of Appeal of Florida | Filed: Feb 13, 2019 | Docket: 64714675
Published
of fact are not reviewable on appeal." (citing § 44.104(11), Fla. Stat. (2008) ("Factual findings determined
272 So. 3d 430
District Court of Appeal of Florida | Filed: Feb 13, 2019 | Docket: 64714676
Published
of fact are not reviewable on appeal." (citing § 44.104(11), Fla. Stat. (2008) ("Factual findings determined
Supreme Court of Florida | Filed: Apr 16, 2020 | Docket: 17073632
Published
the terms of the decision as provided under section 44.104(11), Florida Statutes.
245 So. 3d 778
District Court of Appeal of Florida | Filed: Apr 11, 2018 | Docket: 6360303
Published
appeal for lack of jurisdiction pursuant to section 44.104, Florida Statutes (2016): (10) An appeal
