The 2023 Florida Statutes (including Special Session C)
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. . . ."); § 44.104(1), Fla. . . .
. . . (citing § 44.104(11), Fla. . . .
. . . not raise a constitutional issue, we dismiss the appeal for lack of jurisdiction pursuant to section 44.104 . . . No further review shall be permitted unless a constitutional issue is raised. § 44.104(10), (12), Fla . . . Epstein , 219 So.3d 932, 933 (Fla. 4th DCA 2017) ("Pursuant to section 44.104, when parties agree to . . .
. . . . § 44.104.) . . .
. . . affirming an arbitrator’s decision following voluntary binding arbitration conducted pursuant to section 44.104 . . . See id. § 44.104(12). . . . Pursuant to section 44.104, when parties agree to submit to voluntary binding arbitration, their appeal . . . We note, however, that subsection (c)(3) references section 44.104(11), Florida Statutes. . . . in 1999, and the creation of new subdivisions at that time, Rule 1.830(c)(3) should refer to section 44.104 . . .
. . . The parties in this case stipulated to voluntary binding arbitration pursuant to section 44.104, Florida . . .
. . . See § 44.104(2), Fla. Stat. (2011). . . . dimension that currently stand as an impediment to broader use of the mechanism provided in section 44.104 . . . Whether section 44.104 contemplates trial by jury in a state-provided courtroom and whether actual jurors . . . The voluntary trial resolution judge presided over a jury trial pursuant to section 44.104(1), Florida . . . Particularly pertinent to our analysis is section 44.104(11): (11) Any party may enforce a final decision . . . The trial court thereafter entered an amended final judgment pursuant to section 44.104(11). . . . See § 44.104(11). We are not convinced that our review involves a reassessment of the facts. . . . We previously allowed an appeal from a section 44.104 order in an insurance coverage case. See W. . . .
. . . That case interpreted section 44.104, Florida Statutes (2006), as excluding from arbitration “all lawsuits . . . The Toiberman decision held that: the term “dispute” in section 44.104(1) and (14), Florida Statutes . . . Thus, by specifying that section 44.104 “shall not apply to any dispute involving child custody, visitation . . .
. . . Pursuant to section 44.104, Florida Statutes (2006), the parties agreed to try the case before a trial . . . See section 44.104(11), Florida Statutes (2008) (“Factual findings determined in the voluntary trial . . . Pursuant to section 44.104(11), Florida Statutes, we are bound by the factual findings of the trial resolution . . .
. . . Section 44.104, Florida Statutes (2006), provides, in pertinent part: (1) Two or more opposing parties . . . Section 44.104(1), (14), Florida Statutes (2006) (emphasis added). . . . The plain language of section 44.104(14) prohibits binding arbitration of child custody, visitation, . . . This determination depends on the meaning of “dispute” within section 44.104. . . . See section 44.104(14), Florida Statutes (2006) (emphasis added). . . . 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 . . . In this case, the former husband is making the argument that section 44.104(14) is jurisdictional. . . . Assuming, without deciding, that section 44.104(14) is a jurisdictional statute, the former husband is . . . Schulberg, we pointed out that although some arbitration agreements may be subject to both section 44.104 . . .
. . . It follows that the trial court erred in compelling arbitration under section 44.104, Florida Statutes . . .
. . . , § 44.103, and to order voluntary binding arbitration when opposing parties so agree in writing, § 44.104 . . . arbitration decision when no timely motion for trial de novo has been made after nonbinding arbitration); § 44.104 . . . limited grounds for party to raise in challenging decision rendered in voluntary binding arbitration); § 44.104 . . .
. . . Thus, with the exception of disputes involving child custody, visitation, or child support, See § 44.104 . . . See § 44.104(14), Fla. Stat. (2004). . . .
. . . Subsection 44.104(14) provides, “This section [44.104] shall not apply to any dispute involving child . . . with, and not prohibited by, subsection 44.104(14). . . . First, as presently written, subsection 44.104(14) indicates, "This section [44.104] shall not apply . . . Second, while section 44.104 and chapter 682 are similar, there are some differences. . . . Compare § 44.104(1), Florida Statutes, with id. § 682.02; see also id. § 718.401(1)©. . . .
. . . parties submitted the matter to voluntary trial resolution in Hillsborough County pursuant to section 44.104 . . . See § 44.104(11). General principles of Florida insurance law guide our resolution of this appeal. . . .
. . . See § 44.104(10), Fla. Stat. (2003). In either event, the plaintiff will have an adequate remedy. . . .
. . . He alleged that the arbitration proceedings were governed by section 44.104, Florida Statutes (2000), . . . Section 44.104 which allows for arbitration requires the application of Florida Evidence Code, while . . .
. . . Arb. 11.030(b) (emphasis added); see § 44.104(8), Fla. Stat. . . .
. . . 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 . . .
. . . I believe section 44.104(11) gives the trial court sufficient authority to order specific performance . . . There is no case law interpreting section 44.104(11) to the contrary. . . . Section 44.104(11), Florida Statutes (1995), authorizes the trial judge to enter such orders and judgments . . .
. . . Court-ordered, nonbinding arbitration”) (implemented by Florida Rule of Civil Procedure 1.820), or section 44.104 . . . See, e.g., §§ 44.103, 44.104, Fla.Stat. (1993); Fla. R.Civ.P. 1.700, et seq., 1.800, et seq. . . .
. . . the court shall determine the amount of compensation subject to the provisions of section 44.304(3) 44.104 . . . Subject to these rules and section 44.304 44.104, Florida Statutes, the parties may, by written agreement . . . Appeal is limited to the grounds specified in section 44.304(10) 44.104(10), Florida Statutes (1987). . . . judgments as required to carry out the terms of the decision as provided under section 44tSQ4(4-1-) 44.104 . . .
. . . Municipal Corporations § 2048, p. 769; McQuillin, Municipal Corporations, Vol. 16, Sec. 44.104; Hunt . . .