NEW FACE MD SURGERY CENTERS LLC
v.
GABRIELA VARGAS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A case becomes moot when a disputed charge is voluntarily paid, eliminating the actual controversy required for arbitration.
[1] The voluntary payment of a disputed charge renders a case moot by eliminating the actual controversy necessary for arbitration, and an arbitration agreement contemplates…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A case is 'moot' when it presents no actual controversy or when the issues have ceased to exist. The settlement of a case renders it moot. The voluntary payment of a disputed charge has the same effect.”
Court citing Merkle v. Guardianship of Jacoby, 912 So. 2d 595, 600 (Fla. 2d DCA 2005)
New Face MD Surgery Centers LLC appealed a non-final order from Miami-Dade County Court regarding a dispute with Gabriela Vargas. The case involved a …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Florida Arbitration Code cases and more on FLexlaw
Third District Court of Appeal State of Florida Opinion filed July 23, 2025. Not final until disposition of timely filed motion for rehearing. No. 3D24-0743 Lower Tribunal No. 24-1167-SP-23 New Face MD Surgery Centers LLC, Appellant, vs. Gabriela Vargas, Appellee. An Appeal from a non-final order from the County Court for Miami- Dade County, Miesha Darrough, Judge. Lalchandani Simon PL, and Antonio J. Forte, Daniel E. Davis, and Kubs Lalchandani, for appellant. Daren Stabinski, P.A., and Daren Stabinski (Fort Lauderdale), for appellee. Before FERNANDEZ, LINDSEY and GOODEN, JJ.
PER CURIAM.
Affirmed. Merkle v. Guardianship of Jacoby, 912 So. 2d 595, 600 (Fla.
2d DCA 2005) (“‘A case is “moot” when it presents no actual controversy or when the issues have ceased to exist.’ The settlement of a case renders it moot. The voluntary payment of a disputed charge has the same effect.” (citations omitted) (emphasis added)); Mills v. Robert W. Gottfried, Inc., 272 So. 2d 837, 838 (Fla. 4th DCA 1973) (“[B]oth the [arbitration] agreement and the Florida Arbitration Code contemplate the submission to arbitration of real Controversies—not questions simply of academic interest. When the motion to dismiss was filed in the present case, there was no controversy to submit to arbitration. . . . The trial judge, therefore, did not err in denying the defendants' alternative motion for arbitration.”); Baron v. L.P. Evans Motors WPB, Inc., 333 So. 3d 1152, 1156 (Fla. 3d DCA 2022) (“[A]n arbitrator may now award fees, so long as the fee claim is authorized by contract or statute.”).
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Mills v. Robert W. Gottfried, Inc., 272 So. 2d 837 (Fla. 4th DCA 1973)
- Merkle v. Guardianship OF Robert J. Jacoby, 912 So. 2d 595 (Fla. 2d DCA 2005)
- Yechiel Baron v. L.P. Evans Motors WPB, Inc., 333 So. 3d 1152 (Fla. 3d DCA 2022)