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Filing # 103599169 E-Filed 02/20/2020 08:36:59 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
JOSE MARIN, et al.,
Plaintiff(s),
vs. Case No. 11-2019-CA-001877-0001-XX
EDISON INSURANCE COMPANY, et al.,
Defendant(s),
/
ORDER/REFERRAL TO NON-BINDING ARBITRATION
THIS MATTER having come before the Court and the Court having reviewed the file
and finding that the complaint in this matter is of such a nature that arbitration could be of
benefit to both the litigants and the court, the court on its own motion, hereby
ORDERS AND ADJUDGES:
Pursuant to F.S. 44.103 and F.R.Civ. P. 1.800, this Court finds that the issue(s) in dispute
is/are appropriate for non-binding arbitration, and the parties herein are hereby ordered into
same.
The initial arbitrator(s) assigned by the court to this file is/are:
Curtright Collins Truitt, Esq., 12711 World Plaza Ln Bldg 81, Fort Myers FL 33907-3989,
(239) 277-5225, curt@ctruittpa.com
1. This case is ordered to non-binding arbitration pursuant to Florida Statutes,
Section 44.103 (2) and the Florida Rules of Civil Procedure, Rule 1.800. Said non-binding
arbitration shall be completed no later than thirty-five (35) days prior to the Order Setting
Trial and Pre-Trial Conference. There will be no stipulations for extension or continuances
without a ruling from the presiding Judge.
2. Plaintiff's counsel is appointed as lead attommey to coordinate and schedule the
arbitration. Within thirty (30) days of the date of this order, plaintiff’s counsel shall notice, in
writing, all counsel of record of the date and time agreed upon for arbitration. Counsel for the
parties are notified that if the arbitrator(s) selected is/are not acceptable to the parties, then within
30 days of the date of this Order, the parties must provide written notification to the Court of said
objection, and counsel shall provide the name(s) of the alternative arbitrator(s) that counsel has
stipulated to use. ACCORDINGLY, PLEASE IMMEDIATELY NOTIFY THE COURT OF
ANY ARBITRATOR(S) SELECTED AND THE SELECTED DATE, TIME, AND
LOCATION OF THE ARBITRATION PROCEEDING BY FILING A NOTICE OF
COMPLIANCE IN THE COURT FILE AND SENDING A COURTESY COPY DIRECTLY
TO THE COURT.
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 02/20/2020 02:46:43 PM3. Arbitration shall be completed within 30 days of the arbitration hearing unless
extended by Order of the Court on motion of the Chief Arbitrator or of a party. No extension of
time shall be for a period exceeding 60 days from the date of the arbitration hearing. Upon the
completion of the arbitration process, the arbitrator(s) shall render a written decision. In the case
of a panel, a decision shall be by a majority vote of the panel.
4. The following procedures shall apply to the arbitration. See also, Florida Statutes,
Section 44.103 and Florida Rule of Civil Procedure 1.820 (“Hearing Procedures for Non-Binding
Arbitration”):
a. The arbitration fees shall be equally divided and paid by the parties. “At
no time may an arbitrator charge more than $1500 per diem, unless all of the parties agree
otherwise.” Florida Statutes, Section 44.103(3). The arbitrator(s) shall be compensated pursuant
to Florida Statutes, Section 44.103(3), or as otherwise agreed to by the arbitrator(s) and the
patties.
b. __ All parties, including non-counsel representatives of corporate parties with
full authority to settle the matter, must attend the arbitration hearing. If insurance is involved,
whether or not named as a party, the insurance company shall have a representative present with
full authority to resolve the case. Parties may be represented by counsel; however, counsel shall
not be considered a representative of the party for purposes of this section. Hearings may
continue without the presence of counsel. If a party fails to attend the scheduled hearing, the
chief arbitrator may proceed with the hearing, and the arbitrator(s) shall render a decision based
upon the facts and circumstances as presented by the parties present. Failure to attend the hearing
may also result in the Court applying sanctions including the striking of pleadings or portions
thereof, the awarding of fees and costs and/or contempt proceedings.
c. The parties shall submit case summaries to each arbitrator at least 10 days
prior to the hearing.
d. “]The] arbitrator or, in the case of a panel, the chief arbitrator, shall have
such power to administer oaths or affirmations and to conduct the proceedings as the rules of
court shall provide. The hearing shall be conducted informally. Presentation of testimony shall
be kept to a minimum and facts and issues shall be presented to the arbitrator(s) primarily
through documents and the statements and arguments of counsel.” Florida Statutes. Section
44.103(4).
e. Any party may have a record and transcript made of the arbitration hearing
at that party’s expense.
f. If the arbitrator’s decision establishes or otherwise clearly demonstrates a
party to be the prevailing party, the decision should also include a recommendation as to the
assessment of costs, and the reasonable amount of those costs. While the issue of attorney’s fees,
if appropriate, is normally reserved for the trial court, the parties can waive this right and have
the arbitrator(s) render a finding on entitlement and/or the reasonable amount of attomey’s fees.
Such waiver should be in writing and signed by the respective parties or their attorneys. See,generally, Tumberry Associates v. Service Station Aid, Inc., 651 So.2d 1173 (Fla. 1995).
g. Within 10 days of the final adjournment of the arbitration hearing, the
arbitrator(s) shall provide the parties with a written decision pursuant to Florida Statutes, Section
44.103(5). The arbitration decision may set forth the issues in controversy, findings of fact and
conclusions of law. The original written decision and the original of any transcripts shall be
sealed and filed with the Clerk at the time the parties are notified of the decision.
h. Any party may file a motion for trial de novo, pursuant to Florida Statutes,
Section 44.103(5). “An arbitration decision shall be final if a request for trial de novo is not filed
within the time provided by the rules promulgated by the Supreme Court...If no request for trial
de novo is made within 20 days of service on the parties of the decision. The decision shall be
referred to the presiding judge, who shall enter such orders and judgments as may be required to
carry out the terms of the decision.” Florida Statutes, Section 44.103(5); Florida Rules of Civil
Procedure, Rule 1.820(h).
i. If a trial de novo is requested and the judgment at trial is not more
favorable than the decision of the arbitrator(s), the Court may assess the party requesting the
trial, the other party’s expenses, costs and fees, including reasonable attorney fees. Florida
Statutes, Section 44.103(6).
DONE AND ORDERED in Chambers, Collier County, Florida on this 20th day of
February, 2020.
BAAN fo
Elizabeth Krier, Circuit Court Judge
Electronic Service per e-Portal Service List:
Anna Cheung ,
Scot Strems ,
Jonathan Drake
Jose E Bosch
Anna Cheung
Curtright Truitt
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Filing # 103599169 E-Filed 02/20/2020 08:36:59 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION JOSE MARIN, et al., Plaintiff(s), vs. Case No. 11-2019-CA-001877-0001-XX EDISON INSURANCE COMPANY, et al., Defendant(s), / ORDER/REFERRAL TO NON-BINDING ARBITRATION THIS MATTER having come before the Court and the Court having reviewed the file and finding that the complaint in this matter is of such a nature that arbitration could be of benefit to both the litigants and the court, the court on its own motion, hereby ORDERS AND ADJUDGES: Pursuant to F.S. 44.103 and F.R.Civ. P. 1.800, this Court finds that the issue(s) in dispute is/are appropriate for non-binding arbitration, and the parties herein are hereby ordered into same. The initial arbitrator(s) assigned by the court to this file is/are: Curtright Collins Truitt, Esq., 12711 World Plaza Ln Bldg 81, Fort Myers FL 33907-3989, (239) 277-5225, curt@ctruittpa.com 1. This case is ordered to non-binding arbitration pursuant to Florida Statutes, Section 44.103 (2) and the Florida Rules of Civil Procedure, Rule 1.800. Said non-binding arbitration shall be completed no later than thirty-five (35) days prior to the Order Setting Trial and Pre-Trial Conference. There will be no stipulations for extension or continuances without a ruling from the presiding Judge. 2. Plaintiff's counsel is appointed as lead attommey to coordinate and schedule the arbitration. Within thirty (30) days of the date of this order, plaintiff’s counsel shall notice, in writing, all counsel of record of the date and time agreed upon for arbitration. Counsel for the parties are notified that if the arbitrator(s) selected is/are not acceptable to the parties, then within 30 days of the date of this Order, the parties must provide written notification to the Court of said objection, and counsel shall provide the name(s) of the alternative arbitrator(s) that counsel has stipulated to use. ACCORDINGLY, PLEASE IMMEDIATELY NOTIFY THE COURT OF ANY ARBITRATOR(S) SELECTED AND THE SELECTED DATE, TIME, AND LOCATION OF THE ARBITRATION PROCEEDING BY FILING A NOTICE OF COMPLIANCE IN THE COURT FILE AND SENDING A COURTESY COPY DIRECTLY TO THE COURT. FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 02/20/2020 02:46:43 PM3. Arbitration shall be completed within 30 days of the arbitration hearing unless extended by Order of the Court on motion of the Chief Arbitrator or of a party. No extension of time shall be for a period exceeding 60 days from the date of the arbitration hearing. Upon the completion of the arbitration process, the arbitrator(s) shall render a written decision. In the case of a panel, a decision shall be by a majority vote of the panel. 4. The following procedures shall apply to the arbitration. See also, Florida Statutes, Section 44.103 and Florida Rule of Civil Procedure 1.820 (“Hearing Procedures for Non-Binding Arbitration”): a. The arbitration fees shall be equally divided and paid by the parties. “At no time may an arbitrator charge more than $1500 per diem, unless all of the parties agree otherwise.” Florida Statutes, Section 44.103(3). The arbitrator(s) shall be compensated pursuant to Florida Statutes, Section 44.103(3), or as otherwise agreed to by the arbitrator(s) and the patties. b. __ All parties, including non-counsel representatives of corporate parties with full authority to settle the matter, must attend the arbitration hearing. If insurance is involved, whether or not named as a party, the insurance company shall have a representative present with full authority to resolve the case. Parties may be represented by counsel; however, counsel shall not be considered a representative of the party for purposes of this section. Hearings may continue without the presence of counsel. If a party fails to attend the scheduled hearing, the chief arbitrator may proceed with the hearing, and the arbitrator(s) shall render a decision based upon the facts and circumstances as presented by the parties present. Failure to attend the hearing may also result in the Court applying sanctions including the striking of pleadings or portions thereof, the awarding of fees and costs and/or contempt proceedings. c. The parties shall submit case summaries to each arbitrator at least 10 days prior to the hearing. d. “]The] arbitrator or, in the case of a panel, the chief arbitrator, shall have such power to administer oaths or affirmations and to conduct the proceedings as the rules of court shall provide. The hearing shall be conducted informally. Presentation of testimony shall be kept to a minimum and facts and issues shall be presented to the arbitrator(s) primarily through documents and the statements and arguments of counsel.” Florida Statutes. Section 44.103(4). e. Any party may have a record and transcript made of the arbitration hearing at that party’s expense. f. If the arbitrator’s decision establishes or otherwise clearly demonstrates a party to be the prevailing party, the decision should also include a recommendation as to the assessment of costs, and the reasonable amount of those costs. While the issue of attorney’s fees, if appropriate, is normally reserved for the trial court, the parties can waive this right and have the arbitrator(s) render a finding on entitlement and/or the reasonable amount of attomey’s fees. Such waiver should be in writing and signed by the respective parties or their attorneys. See,generally, Tumberry Associates v. Service Station Aid, Inc., 651 So.2d 1173 (Fla. 1995). g. Within 10 days of the final adjournment of the arbitration hearing, the arbitrator(s) shall provide the parties with a written decision pursuant to Florida Statutes, Section 44.103(5). The arbitration decision may set forth the issues in controversy, findings of fact and conclusions of law. The original written decision and the original of any transcripts shall be sealed and filed with the Clerk at the time the parties are notified of the decision. h. Any party may file a motion for trial de novo, pursuant to Florida Statutes, Section 44.103(5). “An arbitration decision shall be final if a request for trial de novo is not filed within the time provided by the rules promulgated by the Supreme Court...If no request for trial de novo is made within 20 days of service on the parties of the decision. The decision shall be referred to the presiding judge, who shall enter such orders and judgments as may be required to carry out the terms of the decision.” Florida Statutes, Section 44.103(5); Florida Rules of Civil Procedure, Rule 1.820(h). i. If a trial de novo is requested and the judgment at trial is not more favorable than the decision of the arbitrator(s), the Court may assess the party requesting the trial, the other party’s expenses, costs and fees, including reasonable attorney fees. Florida Statutes, Section 44.103(6). DONE AND ORDERED in Chambers, Collier County, Florida on this 20th day of February, 2020. BAAN fo Elizabeth Krier, Circuit Court Judge Electronic Service per e-Portal Service List: Anna Cheung , Scot Strems , Jonathan Drake Jose E Bosch Anna Cheung Curtright Truitt