RODGER BUTLER, PETITIONER,
v.
CHERYL BARTLEY, RESPONDENT

Fla. 1st DCA | 2013-07-01
No. 1D13-2506
PADOVANO, WETHERELL, and SWANSON, JJ., concur.
118 So. 3d 859 Florida District Court of Appeal, First District (2013) Positive Treatment
Cited by 9 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition for writ of mandamus is denied on the merits. See Thomas v. State, Dept. of Revenue, 74 So.3d 145 (Fla. 1st DCA 2011) (stating that absent a showing that an express and distinct demand for performance, mandamus will not lie to compel a court to rule on a pleading in a civil matter).

PADOVANO, WETHERELL, and SWANSON, JJ., concur.


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    …A 2010). Additionally, "a] trial court's decision regarding whether an arbitration agreement or provision is void as against public policy presents 'a pure question of law, subject to de novo review.' " Fi-Evergreen Woods, LLC v. Estate of Vrastil , 118 So. 3d 859, 862 (Fla. 5th DCA 2013) (quoting Shotts v. OP Winter Haven, Inc. , 86 So. 3d 456, 471 (Fla. 2011) ). The public policy of the Florida Nursing Home Resident's Rights Act is to provide rights for, and to protect, nursing home residents. Shotts , 86…
  • Eyal A. Cohen v. D.R. Horton, Inc., 121 So. 3d 1121 (Fla. 5th DCA 2013)
    …unenforceable where the existence of substantial arbitration costs would otherwise preclude a litigant from effectively vindicating his or her federal statutory rights. Id. at 90, 121 S.Ct. 513; see also Fi-Evergreen Woods, LLC v. Estate of Vrastil, 118 So. 3d 859 (Fla. 5th DCA July 5, 2013). In their motion for relief, Appellants asserted that because the arbitrator had ruled that the case could not proceed as a class action, Appellants’ counsel was no longer willing to advance the costs of litigation and A…
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