Preview
Electronically Filed 10/15/2013 11:37:13 AM ET
IN THE CIRCUIT COURT OF THE
11" JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
PFS INVESTMENTS INC., a
Foreign corporation, and
LAWRENCE MAURICE COOK,
Petitioners, CASE NO.: 13-28368-CA-25
v.
BERNETTA DeSHAZIOR,
Respondent.
mS SSS SSS SH SD
PETITIONERS’ MEMORANDUM IN OPPOSITION TO
RESPONDENT’S MOTION FOR STAY
PFS Investments Inc. and Lawrence Maurice Cook (collectively, “Respondents”), submit
their Memorandum in Opposition to Respondent Bernetta DeShazior's Motion Pursuant to Fla.
App. P. 9.310(a) to Stay Pending Review ("Motion"), and state as follows:
Respondent has filed the Motion asking the Court to stay its Order of October 10, 2013
(“Order”), which granted the Petitioners’ Application and Motion to Vacate the arbitration award
in this matter and directed that the arbitration be reheard before a new panel. Respondent seeks a
stay pending appeal of the Order. Because the Order is not appealable, the motion is without
basis.
Under the Florida Arbitration Code, an appeal is authorized from “[a]n order vacating an
award without directing a rehearing”, Fla. Stat. § 682.20 (1)(f) (emphasis added), but an order
vacating an arbitration award and directing a rehearing, such as in this case, is interlocutory in
nature and non-appealable. Carner v. Freedman, 175 So.2d 70 (Fla. 3d DCA 1965). See also,
BROAD and CASSEL
2 S. Biscayne Blvd., 21% Floor, Miami, Florida 33131-1811, Tel: 305.373.9400Case No.: 13-28368-CA 25
e.g., Central Florida Police Benevolent Association, Inc. v. City of Orlando, 614 So.2d 1203
(Fla. 5" DCA 1993). Because the Order vacated the award and directed a rehearing of the
arbitration, the Order is not appealable.
As there can be no appeal from the Order, there is no basis for staying the Order pending
appellate review.
WHEREFORE, Petitioners respectfully request that this Court enter an order denying
Respondent's Motion Pursuant to Fla. App. P. 9.310(a) for Stay Pending Review and award
Petitioners any such other and further relief as this Court deems just and proper.
Dated this 15" day of October, 2013
Respectfully submitted,
BROAD AND CASSEL
Amy Steele Donner, Esq.
Florida Bar No. 184548
adonner@broadandcassel.com
Ischwartz@broadandcassel.com
Mark F. Raymond, P.A.
Florida Bar No. 373397
mraymond@broadandcassel.com
ssmith@broadandcassel.com
2S. Biscayne Blvd., 21* Floor
Miami, Florida 33131-1811
Tel: 305.373.9425
Fax: 305.995.6385
2
BROAD and CASSEL
2S. Biscayne Blvd., 21* Floor, Miami, Florida 33131-1811, Tel: 305.373.9400Case No.: 13-28368-CA 25
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 15" day of October, 2013, a true and correct copy of
the foregoing document was duly furnished by e-mail to: (i) Frank R. Rodriguez, Esq.,
Andrew V. Tramont, Esq., and Paulino A. Nunez, Jr., Esq., Counsel for Plaintiff, Rodriguez
Tramont Guerra & Nunez, 255 Alhambra Circle, Suite 1150, Coral Gables, FL 33134; and (ii)
Lawrence Kellogg, Esq., and Jason Kellogg, Esq., Co-Counsel for Plaintiff, Levine Kellogg
Lehman Schneider, 201 S. Biscayne Boulevard, 22" Floor, Miami, FL 33131-2301.
le Donner, Esq.
3
BROAD and CASSEL
2 S. Biscayne Blvd., 21" Floor, Miami, Florida 33131-1811, Tel: 305.373.9400
Preview
Electronically Filed 10/15/2013 11:37:13 AM ET IN THE CIRCUIT COURT OF THE 11" JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA PFS INVESTMENTS INC., a Foreign corporation, and LAWRENCE MAURICE COOK, Petitioners, CASE NO.: 13-28368-CA-25 v. BERNETTA DeSHAZIOR, Respondent. mS SSS SSS SH SD PETITIONERS’ MEMORANDUM IN OPPOSITION TO RESPONDENT’S MOTION FOR STAY PFS Investments Inc. and Lawrence Maurice Cook (collectively, “Respondents”), submit their Memorandum in Opposition to Respondent Bernetta DeShazior's Motion Pursuant to Fla. App. P. 9.310(a) to Stay Pending Review ("Motion"), and state as follows: Respondent has filed the Motion asking the Court to stay its Order of October 10, 2013 (“Order”), which granted the Petitioners’ Application and Motion to Vacate the arbitration award in this matter and directed that the arbitration be reheard before a new panel. Respondent seeks a stay pending appeal of the Order. Because the Order is not appealable, the motion is without basis. Under the Florida Arbitration Code, an appeal is authorized from “[a]n order vacating an award without directing a rehearing”, Fla. Stat. § 682.20 (1)(f) (emphasis added), but an order vacating an arbitration award and directing a rehearing, such as in this case, is interlocutory in nature and non-appealable. Carner v. Freedman, 175 So.2d 70 (Fla. 3d DCA 1965). See also, BROAD and CASSEL 2 S. Biscayne Blvd., 21% Floor, Miami, Florida 33131-1811, Tel: 305.373.9400Case No.: 13-28368-CA 25 e.g., Central Florida Police Benevolent Association, Inc. v. City of Orlando, 614 So.2d 1203 (Fla. 5" DCA 1993). Because the Order vacated the award and directed a rehearing of the arbitration, the Order is not appealable. As there can be no appeal from the Order, there is no basis for staying the Order pending appellate review. WHEREFORE, Petitioners respectfully request that this Court enter an order denying Respondent's Motion Pursuant to Fla. App. P. 9.310(a) for Stay Pending Review and award Petitioners any such other and further relief as this Court deems just and proper. Dated this 15" day of October, 2013 Respectfully submitted, BROAD AND CASSEL Amy Steele Donner, Esq. Florida Bar No. 184548 adonner@broadandcassel.com Ischwartz@broadandcassel.com Mark F. Raymond, P.A. Florida Bar No. 373397 mraymond@broadandcassel.com ssmith@broadandcassel.com 2S. Biscayne Blvd., 21* Floor Miami, Florida 33131-1811 Tel: 305.373.9425 Fax: 305.995.6385 2 BROAD and CASSEL 2S. Biscayne Blvd., 21* Floor, Miami, Florida 33131-1811, Tel: 305.373.9400Case No.: 13-28368-CA 25 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 15" day of October, 2013, a true and correct copy of the foregoing document was duly furnished by e-mail to: (i) Frank R. Rodriguez, Esq., Andrew V. Tramont, Esq., and Paulino A. Nunez, Jr., Esq., Counsel for Plaintiff, Rodriguez Tramont Guerra & Nunez, 255 Alhambra Circle, Suite 1150, Coral Gables, FL 33134; and (ii) Lawrence Kellogg, Esq., and Jason Kellogg, Esq., Co-Counsel for Plaintiff, Levine Kellogg Lehman Schneider, 201 S. Biscayne Boulevard, 22" Floor, Miami, FL 33131-2301. le Donner, Esq. 3 BROAD and CASSEL 2 S. Biscayne Blvd., 21" Floor, Miami, Florida 33131-1811, Tel: 305.373.9400