Preview
Filing# 166343463 E-Filed 02/07/2023 07:35:22 PM
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO. CACE21016648 DIVISION: U JUDGE Rodriguez, Carlos Augusto (14)
Adriana Hincapie, et al
/ Petitioner(s)
Plaintiff(s)
V
Joseph Bernard Wezkiewicz, Jr., et al
Defendant(s)/ Respondent(s)
i
ORDER FOR REFERRAL TO MEDIATION
ORDER/REFERRAL TO MEDIATION AND NONBINDING ARBITRATION
Due to the age of the case or notice for trial and the request for a trial in the near future,the
Court having reviewed the file and findingthat this matter is of such a nature that arbitration could be of
and the Court, the Court sua sponte as agreedby the parties,
benefit to both the litigants hereby
ORDERS A NONBINDING arbitration hearingwhich shall be CONDUCTED AND COMPLETED
by JULY 30.2023. in conformance with Florida Statutes,Section 44.103, generally,includingall
subpartsthereof,as well as the applicableRules of Civil Procedure.
a. Plaintiff's counsel is appointedas lead attorney to coordinate and schedule the arbitration.
Within ten (10)days of the date of this order, said counsel shall consult with all other
counsel to select mutually acceptablearbitrator, if possible. Upon selection of such
arbitrator, counsel will consult with the arbitrator to set arbitration. Plaintiffs counsel shall
notice,in writingall counsel of record of the date and time agreed upon for arbitration.
Plaintiff's attorney shall be responsible for rescheduling, if necessary, however, rescheduling
may only be done with the consent of all and
participants the arbitrator's authorization or
that of the Court.
b. the Court appointsFRANK WALKER?
Failingagreement of counsel as to an arbitrator,
ESO.* ACCORDINGLY, PLEASE IMMEDIATELY NOTIFY THE COURT AND THE
ABOVE ARBITRATOR OF ANY ARBITRATOR(S) SELECTED AND THE SELECTED
DATE, TIME AND LOCATION OF THE ARBITRATION PROCEEDING. *
Page 1 of 5
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/07/2023 07:35:22 PM.****
Case Number: CACE21016648
c. The followingprocedure shall apply to the arbitration. See also,Florida Statues, Section
44.103 and Florida Rule of Civil Procedure 1.820 ("Hearing Procedures for Non-Binding
Arbitration"):
1. Cases referred to arbitration shall be assignedto an arbitrator or to a panel of
arbitrators. In the absence of an agreement by the partiesas to the designationof the
arbitrator(s),the Court determines that one arbitrator is sufficient and so orders. The
number of arbitrators and designatingthe arbitrators shall occur within 15 days after
service of the order of referral to non-bindingarbitration as previouslynoted herein.
In case the attorneys select a panel,one of the arbitrators shall be appointedor
designatedas the chief arbitrator.
2. The be equallydivided and paid by the parties."At no time
arbitration fees shall
may an arbitrator chargemore than $1500 per diem, unless all the partiesagree
otherwise." Florida Statutes, Section 44.103(3). The arbitrator(s)shall be
compensated pursuant to Florida Statute,Section 44.103(3),or as otherwise agreed to
and the parties.
by the arbitrator(s)
3. All parties,includingnon-counsel representatives of corporate partieswith full
authorityto 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
representedby counsel; however, counsel shall not be considered to be 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 presentedby the partiespresent. Failure to attend the
hearingmay also result in the Court applyingsanctions includingthe striking of
pleadingsor portionsthereof,the awarding of fees and costs and/or contempt
proceedings.
4. The party shall submit case summaries to each arbitrator at least 10 days priorto the
hearing.
'
5. [The] arbitrator of a panel,the chief arbitrator,shall have such power
or, in this case
to administer oaths or affirmations and to conduct the proceedingsas the rules of the
court shall provide. The hearing shall be conducted informally. Presentation of
testimony shall be kept to a minimum and facts and issues shall be presentedto the
arbitrator primarilythrough documents and the statements includingdepositions,
interrogatories, affidavits,etc. and arguments of counsel." Florida statues, section
44.103 (4).
Page 2 of 5
Case Number: CACE21016648
6. Any party may have a record and transcr*tmade of the arbitration hearing at the
party'sexpense.
7. Arbitration shall be completed within 30 days of the first arbitration hearingunless
extended by Order of the Court on motion of the Chief Arbitrator or of a party. No
extension of time shall be for a periodexceeding 60 days from the date of the first
arbitration hearing.Upon the completion of the arbitration process, the arbitrator
shall render a decision,unless the case settles. In the case of a panel,a decision shall
be a majorityvote of the panel.
8. If the decision establish is or otherwise clearlydemonstrates 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'sfees,if appropriate, can
is normally reserved for the trial court, the parties
waive this rightand have the arbitrator(s)render a findingon entitlement and/or the
reasonable amount of attorney'sfees. Such waver should be in writingand signed by
the respectivepartiesor their attorneys. See, generally, Turnberry Associates v.
Service Station Aid, Inc; 651 So.2d 1173 (Fla.1995).
9. Within 10 days ofthe final adjournment ofthe arbitration hearing,the arbitrator(s)
shall provide the parties with a written decision pursuant to Florida Statutes, Section
44.10365). The arbitration decision may set forth the issues in controversy, findingof
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.
10. Any party may file a motion for trial de novo, pursuant to Florida Statutes,Section
44.10365)."An arbitration decision shall be final if a request or 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 the time provided,the decision shall be
referred to the presidingjudge,who shall enter such orders and judgments as may be
request ed to carry out the terms of decision." Florida Statutes,Section 44.104(5);
Florida Rules of Civil Procedure, Rule 1.820(h).
11. If a trial de novo is requestedand the judgment at trial is not more favorable than the
the Court may assess the party requestingthe trial,
decision of the arbitrator(s), the
other party'sexpenses, costs and fees,includingreasonable attorney'sfees. Florida
Statutes, Section 44.103(6).
Page 3 of 5
Case Number: CACE21016648
12. Unless the partiesagree to a different mediator, the arbitrator appointedby the Court
or the chief arbitrator selected by the partiesshall be appointed as mediator and
conduct a mediation immediately BEFORE the Arbitration to attempt to resolve the
ease per Florida Statutes, Section 44.401-406. If the case does not resolve at the
mediation, the arbitrator shall render a decision and shall providethe parties with a
written decision pursuant to Florida Statutes,Section 44.103(5). THE PARTIES
MAY ELECT TO DO THE ARBITRATION BEFORE THE MEDIATION. PRIOR
TO THE ARBITRATION if either party disclosed confidential information to the
mediator that not going to be introduced or part of the ARBITRATION, the party
is
seekingto keep the info out of the arbitration and arbitration report shall providea
written descr*tion of the info and said info will be kept confidential per Chapter
44.401, Florida Statute. ln the event the MEDIATOR
determines it would be a
conflict for them to ARBITRATE the case, the MEDIATOR shall so notify the
parties at least 30 days before the scheduled arbitration and shall coordinate
with the attorneys the selection of the ARBITRATOR and the date of the
ARBITRATION. If the partiescannot agree, the MEDIATOR shall select the
ARBITRATOR. The mediation conducted in this manner shall comply with the
Court's trial order requiredmediation. Unless the partiesagree otherwise,the case
need not be mediated a second time.
E * PerA.O. 2022-7 Civ Please use the Arbitrator Acceptance Form and Notice of Arbitration Hearing
(SingleArbitrator)Form attached to the Administrative Order from the Chief Judge. Please note that if
you select a different arbitrator from the one selected by the Court, the new Arbitrator must still be an
th
approved arbitrator from the list for the 17lll Judicial Circuit.
DONE AND ORDERED in Chambers at Broward County, Florida on 7th day of February,2023.
C?M?EZ-Xt? : 31 ?LN?1
CACE21016648 02-07-2023 11:31 AM
Hon. Carlos A Rodriguez
CIRCUIT COURT JUDGE
Signed by Carlos
Electronically A Rodriguez
Copies Furnished To:
Carlos A Jordi, E-mail bmachado@rubensteinlaw.com
:
Carlos A Jordi, E-mail: cjordi@rubensteinlaw.corn
Carlos A Jordi, E-mail eservice@rubensteinlaw.corn
:
Charles A Mancuso, E-mail :
Karl W Labertew, E-mail :
KLabertew@rubensteinlaw.com
Karl W Labertew, E-mail :
lbosch@rubensteinlaw.com
Page 4 of 5
Case Number: CACE21016648
Rodney G Romano, E-mail tamara@matrixmediation.com
:
Ryan Glenn Myers, E-mail eservice@wlclaw.com
:
Sheri Critelli-Fabiano ,
E-mail :
flor.law-shericritelli.298019@statefarm.com
Page 5 of 5
Preview
Filing# 166343463 E-Filed 02/07/2023 07:35:22 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE21016648 DIVISION: U JUDGE Rodriguez, Carlos Augusto (14) Adriana Hincapie, et al / Petitioner(s) Plaintiff(s) V Joseph Bernard Wezkiewicz, Jr., et al Defendant(s)/ Respondent(s) i ORDER FOR REFERRAL TO MEDIATION ORDER/REFERRAL TO MEDIATION AND NONBINDING ARBITRATION Due to the age of the case or notice for trial and the request for a trial in the near future,the Court having reviewed the file and findingthat this matter is of such a nature that arbitration could be of and the Court, the Court sua sponte as agreedby the parties, benefit to both the litigants hereby ORDERS A NONBINDING arbitration hearingwhich shall be CONDUCTED AND COMPLETED by JULY 30.2023. in conformance with Florida Statutes,Section 44.103, generally,includingall subpartsthereof,as well as the applicableRules of Civil Procedure. a. Plaintiff's counsel is appointedas lead attorney to coordinate and schedule the arbitration. Within ten (10)days of the date of this order, said counsel shall consult with all other counsel to select mutually acceptablearbitrator, if possible. Upon selection of such arbitrator, counsel will consult with the arbitrator to set arbitration. Plaintiffs counsel shall notice,in writingall counsel of record of the date and time agreed upon for arbitration. Plaintiff's attorney shall be responsible for rescheduling, if necessary, however, rescheduling may only be done with the consent of all and participants the arbitrator's authorization or that of the Court. b. the Court appointsFRANK WALKER? Failingagreement of counsel as to an arbitrator, ESO.* ACCORDINGLY, PLEASE IMMEDIATELY NOTIFY THE COURT AND THE ABOVE ARBITRATOR OF ANY ARBITRATOR(S) SELECTED AND THE SELECTED DATE, TIME AND LOCATION OF THE ARBITRATION PROCEEDING. * Page 1 of 5 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/07/2023 07:35:22 PM.**** Case Number: CACE21016648 c. The followingprocedure shall apply to the arbitration. See also,Florida Statues, Section 44.103 and Florida Rule of Civil Procedure 1.820 ("Hearing Procedures for Non-Binding Arbitration"): 1. Cases referred to arbitration shall be assignedto an arbitrator or to a panel of arbitrators. In the absence of an agreement by the partiesas to the designationof the arbitrator(s),the Court determines that one arbitrator is sufficient and so orders. The number of arbitrators and designatingthe arbitrators shall occur within 15 days after service of the order of referral to non-bindingarbitration as previouslynoted herein. In case the attorneys select a panel,one of the arbitrators shall be appointedor designatedas the chief arbitrator. 2. The be equallydivided and paid by the parties."At no time arbitration fees shall may an arbitrator chargemore than $1500 per diem, unless all the partiesagree otherwise." Florida Statutes, Section 44.103(3). The arbitrator(s)shall be compensated pursuant to Florida Statute,Section 44.103(3),or as otherwise agreed to and the parties. by the arbitrator(s) 3. All parties,includingnon-counsel representatives of corporate partieswith full authorityto 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 representedby counsel; however, counsel shall not be considered to be 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 presentedby the partiespresent. Failure to attend the hearingmay also result in the Court applyingsanctions includingthe striking of pleadingsor portionsthereof,the awarding of fees and costs and/or contempt proceedings. 4. The party shall submit case summaries to each arbitrator at least 10 days priorto the hearing. ' 5. [The] arbitrator of a panel,the chief arbitrator,shall have such power or, in this case to administer oaths or affirmations and to conduct the proceedingsas the rules of the court shall provide. The hearing shall be conducted informally. Presentation of testimony shall be kept to a minimum and facts and issues shall be presentedto the arbitrator primarilythrough documents and the statements includingdepositions, interrogatories, affidavits,etc. and arguments of counsel." Florida statues, section 44.103 (4). Page 2 of 5 Case Number: CACE21016648 6. Any party may have a record and transcr*tmade of the arbitration hearing at the party'sexpense. 7. Arbitration shall be completed within 30 days of the first arbitration hearingunless extended by Order of the Court on motion of the Chief Arbitrator or of a party. No extension of time shall be for a periodexceeding 60 days from the date of the first arbitration hearing.Upon the completion of the arbitration process, the arbitrator shall render a decision,unless the case settles. In the case of a panel,a decision shall be a majorityvote of the panel. 8. If the decision establish is or otherwise clearlydemonstrates 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'sfees,if appropriate, can is normally reserved for the trial court, the parties waive this rightand have the arbitrator(s)render a findingon entitlement and/or the reasonable amount of attorney'sfees. Such waver should be in writingand signed by the respectivepartiesor their attorneys. See, generally, Turnberry Associates v. Service Station Aid, Inc; 651 So.2d 1173 (Fla.1995). 9. Within 10 days ofthe final adjournment ofthe arbitration hearing,the arbitrator(s) shall provide the parties with a written decision pursuant to Florida Statutes, Section 44.10365). The arbitration decision may set forth the issues in controversy, findingof 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. 10. Any party may file a motion for trial de novo, pursuant to Florida Statutes,Section 44.10365)."An arbitration decision shall be final if a request or 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 the time provided,the decision shall be referred to the presidingjudge,who shall enter such orders and judgments as may be request ed to carry out the terms of decision." Florida Statutes,Section 44.104(5); Florida Rules of Civil Procedure, Rule 1.820(h). 11. If a trial de novo is requestedand the judgment at trial is not more favorable than the the Court may assess the party requestingthe trial, decision of the arbitrator(s), the other party'sexpenses, costs and fees,includingreasonable attorney'sfees. Florida Statutes, Section 44.103(6). Page 3 of 5 Case Number: CACE21016648 12. Unless the partiesagree to a different mediator, the arbitrator appointedby the Court or the chief arbitrator selected by the partiesshall be appointed as mediator and conduct a mediation immediately BEFORE the Arbitration to attempt to resolve the ease per Florida Statutes, Section 44.401-406. If the case does not resolve at the mediation, the arbitrator shall render a decision and shall providethe parties with a written decision pursuant to Florida Statutes,Section 44.103(5). THE PARTIES MAY ELECT TO DO THE ARBITRATION BEFORE THE MEDIATION. PRIOR TO THE ARBITRATION if either party disclosed confidential information to the mediator that not going to be introduced or part of the ARBITRATION, the party is seekingto keep the info out of the arbitration and arbitration report shall providea written descr*tion of the info and said info will be kept confidential per Chapter 44.401, Florida Statute. ln the event the MEDIATOR determines it would be a conflict for them to ARBITRATE the case, the MEDIATOR shall so notify the parties at least 30 days before the scheduled arbitration and shall coordinate with the attorneys the selection of the ARBITRATOR and the date of the ARBITRATION. If the partiescannot agree, the MEDIATOR shall select the ARBITRATOR. The mediation conducted in this manner shall comply with the Court's trial order requiredmediation. Unless the partiesagree otherwise,the case need not be mediated a second time. E * PerA.O. 2022-7 Civ Please use the Arbitrator Acceptance Form and Notice of Arbitration Hearing (SingleArbitrator)Form attached to the Administrative Order from the Chief Judge. Please note that if you select a different arbitrator from the one selected by the Court, the new Arbitrator must still be an th approved arbitrator from the list for the 17lll Judicial Circuit. DONE AND ORDERED in Chambers at Broward County, Florida on 7th day of February,2023. C?M?EZ-Xt? : 31 ?LN?1 CACE21016648 02-07-2023 11:31 AM Hon. Carlos A Rodriguez CIRCUIT COURT JUDGE Signed by Carlos Electronically A Rodriguez Copies Furnished To: Carlos A Jordi, E-mail bmachado@rubensteinlaw.com : Carlos A Jordi, E-mail: cjordi@rubensteinlaw.corn Carlos A Jordi, E-mail eservice@rubensteinlaw.corn : Charles A Mancuso, E-mail : Karl W Labertew, E-mail : KLabertew@rubensteinlaw.com Karl W Labertew, E-mail : lbosch@rubensteinlaw.com Page 4 of 5 Case Number: CACE21016648 Rodney G Romano, E-mail tamara@matrixmediation.com : Ryan Glenn Myers, E-mail eservice@wlclaw.com : Sheri Critelli-Fabiano , E-mail : flor.law-shericritelli.298019@statefarm.com Page 5 of 5