MACRO CAPITAL CORPORATION, A FLORIDA CORPORATION; RAFAEL RESORT INVESTORS, L.P., A DELAWARE LIMITED PARTNERSHIP; RAFAEL GROUP, LTD., A BRITISH VIRGIN ISLANDS COMPANY; GEORG A. RAFAEL, INDIVIDUALLY; RAFAEL HOTELS ASIA, LIMITED, A HONG KONG COMPANY; RAFAEL HOTELS, LIMITED, A BRITISH VIRGIN ISLANDS COMPANY; RAFAEL HOTELS, LTD. (USA), A NEW YORK CORPORATION; AND RESORT INVESTORS LIMITED, A BRITISH VIRGIN ISLANDS COMPANY, PETITIONERS,
v.
THE SOFFER GROUP, BY AND, THROUGH ITS MANAGING PARTNER, DONALD M. SOFFER, RESPONDENT
MACRO CAPITAL CORPORATION, A FLORIDA CORPORATION; RAFAEL RESORT INVESTORS, L.P., A DELAWARE LIMITED PARTNERSHIP; RAFAEL GROUP, LTD., A BRITISH VIRGIN ISLANDS COMPANY; GEORG A. RAFAEL, INDIVIDUALLY; RAFAEL HOTELS ASIA, LIMITED, A HONG KONG COMPANY; RAFAEL HOTELS, LIMITED, A BRITISH VIRGIN ISLANDS COMPANY; RAFAEL HOTELS, LTD. (USA), A NEW YORK CORPORATION; AND RESORT INVESTORS LIMITED, A BRITISH VIRGIN ISLANDS COMPANY, PETITIONERS,
THE SOFFER GROUP, BY AND, THROUGH ITS MANAGING PARTNER, DONALD M. SOFFER, RESPONDENT
822 So. 2d 525
Florida District Court of Appeal, Third District (2002)
Positive Treatment
Cited by 2 cases
Opinion of the Court
SHEVIN, Judge.
We grant Macro-Capital Corporation’s petition for writ of certiorari, and quash the portions of the trial court’s order that reserve jurisdiction over discovery as the cause proceeds in arbitration under the Federal Arbitration Act. The court departed from the essential requirements of law in making such a reservation. Suarez-Valdez v. Shearson Lehman/American Express, Inc., 858 F. 2d 648, 649 (11th Cir. 1988); see § 382.03(3), Fla. Stat. (2002); Greenstein v. Baxas Howell Mobley, Inc., 583 So. 2d 402, 403 (Fla. 3d DCA 1991).
Certiorari granted; order quashed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kratos Invs. LLC v. ABS Healthcare Servs., LLC (Fla. 3d DCA 2022)…this law and related law, we have held that a court departed from the essential requirements of law by asserting jurisdiction over discovery after a matter has been referred to arbitration. Macro Cap. Corp. v. The 9 Soffer Grp. ex rel. Soffer, 822 So. 2d 525, 526 (Fla. 3d DCA 2002); Greenstein v. Baxas Howell Mobley, Inc., 583 So. 2d 402, 403 (Fla. 3d DCA 1991) (issuing writs of certiorari to quash orders governing discovery after a matter has been referred to arbitration). Respondents contend that…
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Shader v. Abs Healthcare Servs., LLC (Fla. 3d DCA 2022)…Under this law and related law, we have held that a court departed from the essential requirements of law by asserting jurisdiction over discovery after a matter has been referred to arbitration. Macro Cap. Corp. v. The Soffer Grp. ex rel. Soffer, 822 So. 2d 525, 526 (Fla. 3d DCA 2002); Greenstein v. Baxas Howell Mobley, Inc., 583 So. 2d 402, 403 (Fla. 3d DCA 1991) (issuing writs of certiorari to quash orders governing discovery after a matter has been referred to arbitration). Respondents contend that the…
Authorities Cited
- Latour v. Latour, 583 So. 2d 402 (Fla. 3d DCA 1991)
- Suarez-Valdez v. Shearson Lehman/American Express, Inc., 858 F.2d 648 (11th Cir. 1988)