ANTHONY BRYANT, PETITIONER,
v.
JAMES R. MCDONOUGH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
PER CURIAM.
The petition for writ of mandamus/prohibition is denied on the merits. To the extent the petition can be interpreted as seeking certiorari review of certain interlocutory orders of the circuit court, we decline to undertake such review since petitioner will have an adequate remedy by way of appeal following the entry of a final order. See generally Noack v. Blue Cross and Blue Shield of Florida, Inc., 872 So. 2d 370 (Fla. 1st DCA 2004). Finally, we deny petitioner’s request that we undertake review of the order granting him leave to proceed as an indigent in the circuit court, again without prejudice to his right to seek review on plenary appeal. See LaMadline v. Crosby, 867 So. 2d 552 (Fla. 1st DCA 2004).
ALLEN, WEBSTER, and HAWKES, JJ., concur.
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Green Tree Servicing, LLC v. McLEOD, 15 So. 3d 682 (Fla. 2d DCA 2009)…tion. See Saldkas II, 896 So. 2d at 711. This inquiry has nothing to do with record activity. Action that is inconsistent with the right to arbitration may occur outside the case file as well as in it. See, e.g., Hillier Group, Inc. v. Torcon, Inc., 932 So. 2d 449, 456-57 (Fla. 2d DCA 2006) (recognizing that the litigation of arbitrable issues in an earlier case may result in a waiver of the right to arbitration in a related case where the party’s participation in the litigation in the earlier case would give…
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Sa-Pg SUN City Ctr., LLC v. Kennedy, 79 So. 3d 916 (Fla. 2d DCA 2012)…arbitration, courts consider at least three issues: (1) whether a valid written agreement to arbitrate exists; [*919] (2) whether an arbitrable issue exists; and (3) whether the right to arbitration was waived.’ ” Hillier Grp., Inc. v. Torcon, Inc., 932 So. 2d 449, 452 (Fla. 2d DCA 2006) (quoting Stacy David, Inc. v. Consuegra, 845 So. 2d 303, 306 (Fla. 2d DCA 2003)). A trial court’s decision to grant a motion to compel arbitration is based in part on factual findings. Accordingly, the decision presents a mi…
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13 Parcels LLC v. Edie Laquer, 104 So. 3d 377 (Fla. 3d DCA 2012)…and stay further proceedings on the cross-claims (“Motions to Compel”). Following a hearing, the trial court denied the motions. We reverse. We review the denial of the motions to compel arbitration de novo. The Hillier Grp., Inc. v. Torcon, Inc., 932 So. 2d 449 (Fla. 2d DCA 2006). The sole issue we address on appeal was the only issue before the trial court: Must the parties arbitrate the matter “of whether, under Florida statutory or common law, [the appellants] are obligated to defend the foreclosure pro…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Noack v. Blue Cross & Blue Shield OF Fla., Inc., 872 So. 2d 370 (Fla. 1st DCA 2004)
- Antwain S. Kelly v. State, 867 So. 2d 552 (Fla. 1st DCA 2004)
- Allmond v. State, 867 So. 2d 552 (Fla. 1st DCA 2004)