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Filing # 181381652 E-Filed 09/08/2023 10:23:14 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA CIVIL ACTION
MARVIN OWENS JR
Plaintiff(s),
CASE NO. 23000608CA
VS. CASE TYPE: Auto Negligence
ZOFIA ZAK RHODES
Defendant(s).
/
ORDER REFERRING CASE TO NONBINDING ARBITRATION
Due to the filing of a NOTICE FOR TRIAL and/or THE COURT’S OWN MOTION
pursuant to the parties Agreed Case Management Plan and the request for a trial setting exceeding
a period of three days, the court having reviewed the file and finding that this matter is of such a
nature that arbitration could be of benefit to both the litigants and the court, the court sua sponte
on its own motion, hereby
ORDERS and ADJUDGES:
a. 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 conducted WITHIN SIX MONTHS (180 days) OF THIS ORDER in conformance with
Florida Statutes, Section 44.103, generally, including all subparts thereof, as well as the applicable
Rules of Civil Procedure.
b. Plaintiff's counsel is appointed as 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 a mutually acceptable arbitrator, if possible. Upon selection of such arbitrator,
counsel will consult with the arbitrator to set arbitration. Plaintiff's counsel shall notice, in
writing, all counsel of record of the date and time agreed upon for arbitration. Plaintiff's attomey
shall be responsible for rescheduling, if necessary, however, rescheduling may only be done with
the consent of all participants and the arbitrator’s authorization or that of the Court.
c. Failing agreement of counsel as to an arbitrator, (a) counsel shall notify the court in
writing within 15 days of this Order and the court will appoint the arbitrator(s). In that event,
each counsel shall immediately submit to the court the names of three proposed arbitrators along
with their reason for objecting to other arbitrators that were proposed. The court will then review
the list and either appoint the arbitrator(s) from the list of proposed arbitrators, or the Court may
independently select its own arbitrator(s). (b) If the parties fail to notify the Court within 15
days of this Order as to their selection of the arbitrator(s), the Court will further order and
appoint the arbitrator(s) sua sponte, along with the direction that the arbitrator(s) notice and
conduct the arbitration proceeding as soon as practicable. ACCORDINGLY, PLEASE
IMMEDIATELY NOTIFY THE COURT OF ANY ARBITRATOR(S) SELECTED AND THE
SELECTED DATE, TIME, AND LOCATION OF THE ARBITRATION PROCEEDING.
d. 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”):
1. Cases referred to arbitration shall be assigned to an arbitrator or to a panel of
arbitrators. In the absence of an agreement by the parties as to the designation of the arbitrator(s),
the Court shall determine the number of arbitrators and designate the arbitrators within 15 days
after service of the order of referral to non-binding arbitration as previously noted herein. In the
case of a panel, one of the arbitrators shall be appointed or designated as the chief arbitrator.
2. The arbitration fees shall be equally divided and paid by the parties. “At no time
may an arbitrator charge more than $1,500 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 parties.
3. 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. Ifa 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.
4. The parties shall submit case summaries to each arbitrator at least 10 days prior
to the hearing.
5. “[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).
6. Any party may have a record and transcript made of the arbitration hearing at that
party’s expense.
7. Arbitration shall be completed within 30 days of the first 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 first arbitration hearing. Upon
the completion of the arbitration process, the arbitrator(s) shall render a decision. In the case of a
panel, a decision shall be by a majority vote of the panel.
8. If the 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 attomey’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 attorney’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).
9. 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.
11. 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 the time provided, 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 44.104(5); Florida Rules of Civil Procedure, Rule 1.820(h).
12. Ifa 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 attomey fees. Florida Statutes, Section 44.103(6).
Done and Ordered in Punta Gorda, Charlotte County, Florida.
yy
'Y H in 23000608CA
fn Gata 020-1022 48 SHOP rq
Geoffrey H. Gentile
Circuit Court Judge
Electronic Service:
Jesse T. Gubernat
Robert Timothy Vannatta , ,
ROBERT TIMOTHY VANNATTA
Preview
Filing # 181381652 E-Filed 09/08/2023 10:23:14 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION MARVIN OWENS JR Plaintiff(s), CASE NO. 23000608CA VS. CASE TYPE: Auto Negligence ZOFIA ZAK RHODES Defendant(s). / ORDER REFERRING CASE TO NONBINDING ARBITRATION Due to the filing of a NOTICE FOR TRIAL and/or THE COURT’S OWN MOTION pursuant to the parties Agreed Case Management Plan and the request for a trial setting exceeding a period of three days, the court having reviewed the file and finding that this matter is of such a nature that arbitration could be of benefit to both the litigants and the court, the court sua sponte on its own motion, hereby ORDERS and ADJUDGES: a. 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 conducted WITHIN SIX MONTHS (180 days) OF THIS ORDER in conformance with Florida Statutes, Section 44.103, generally, including all subparts thereof, as well as the applicable Rules of Civil Procedure. b. Plaintiff's counsel is appointed as 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 a mutually acceptable arbitrator, if possible. Upon selection of such arbitrator, counsel will consult with the arbitrator to set arbitration. Plaintiff's counsel shall notice, in writing, all counsel of record of the date and time agreed upon for arbitration. Plaintiff's attomey shall be responsible for rescheduling, if necessary, however, rescheduling may only be done with the consent of all participants and the arbitrator’s authorization or that of the Court. c. Failing agreement of counsel as to an arbitrator, (a) counsel shall notify the court in writing within 15 days of this Order and the court will appoint the arbitrator(s). In that event, each counsel shall immediately submit to the court the names of three proposed arbitrators along with their reason for objecting to other arbitrators that were proposed. The court will then review the list and either appoint the arbitrator(s) from the list of proposed arbitrators, or the Court may independently select its own arbitrator(s). (b) If the parties fail to notify the Court within 15 days of this Order as to their selection of the arbitrator(s), the Court will further order and appoint the arbitrator(s) sua sponte, along with the direction that the arbitrator(s) notice and conduct the arbitration proceeding as soon as practicable. ACCORDINGLY, PLEASE IMMEDIATELY NOTIFY THE COURT OF ANY ARBITRATOR(S) SELECTED AND THE SELECTED DATE, TIME, AND LOCATION OF THE ARBITRATION PROCEEDING. d. 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”): 1. Cases referred to arbitration shall be assigned to an arbitrator or to a panel of arbitrators. In the absence of an agreement by the parties as to the designation of the arbitrator(s), the Court shall determine the number of arbitrators and designate the arbitrators within 15 days after service of the order of referral to non-binding arbitration as previously noted herein. In the case of a panel, one of the arbitrators shall be appointed or designated as the chief arbitrator. 2. The arbitration fees shall be equally divided and paid by the parties. “At no time may an arbitrator charge more than $1,500 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 parties. 3. 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. Ifa 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. 4. The parties shall submit case summaries to each arbitrator at least 10 days prior to the hearing. 5. “[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). 6. Any party may have a record and transcript made of the arbitration hearing at that party’s expense. 7. Arbitration shall be completed within 30 days of the first 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 first arbitration hearing. Upon the completion of the arbitration process, the arbitrator(s) shall render a decision. In the case of a panel, a decision shall be by a majority vote of the panel. 8. If the 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 attomey’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 attorney’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). 9. 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. 11. 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 the time provided, 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 44.104(5); Florida Rules of Civil Procedure, Rule 1.820(h). 12. Ifa 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 attomey fees. Florida Statutes, Section 44.103(6). Done and Ordered in Punta Gorda, Charlotte County, Florida. yy 'Y H in 23000608CA fn Gata 020-1022 48 SHOP rq Geoffrey H. Gentile Circuit Court Judge Electronic Service: Jesse T. Gubernat Robert Timothy Vannatta , , ROBERT TIMOTHY VANNATTA