JANET L. SCHMIDT, ET AL.
v.
STOKES MCMILLAN ANTÚNEZ MARTINEZ-LEJARZA P.A.
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A party seeking to compel arbitration need not be afforded an evidentiary hearing when the motion can be resolved based on the written record and arguments presented.
[1] A party opposing a motion to compel arbitration must affirmatively demonstrate that an evidentiary hearing is required to resolve factual disputes; failure to make such a…
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Join FLexlaw to unlock all legal intelligenceAppellants Janet L. Schmidt and others appealed a non-final order from the Circuit Court for Miami-Dade County regarding a motion to compel arbitratio…
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Third District Court of Appeal State of Florida
Opinion filed February 19, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-1996 Lower Tribunal No. 23-15113 ________________
Janet L. Schmidt, et al., Appellants,
vs.
Stokes McMillan Antúnez Martinez-Lejarza, P.A., Appellee.
An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge.
Janet L. Schmidt (Dagsboro, DE), for appellants.
Stokes McMillan Antúnez Martinez-Lejarza, P.A., and Kimberly A. Martinez-Lejarza, for appellee.
Before LOGUE, C.J., and LOBREE and BOKOR, JJ.
PER CURIAM.
Affirmed. See Linden v. Auto Trend, Inc., 923 So. 2d 1281, 1281–82 (Fla. 4th DCA 2006) (“We affirm, finding that at the hearing on the motion to