Arbitration is an Appealable Non-Final Order

in Standard of Review, Trial Perspectives

Arbitration is a creature of contract. If a contract requires arbitration that means the parties are required to arbitrate their disputes as opposed to litigate their disputes. Instead of their being a judge or jury, there will be an arbitrator. There are three considerations when determining whether a dispute is subject to arbitration: 1) Is there a valid written agreement to arbitrate (such as an arbitration provision in a contract)? 2) Is there an arbitrable issue? And 3) Has the right to arbitrate the issue or dispute been waived? Chaikin v. Parker Waichman LLP, 42 Fla. L. Weekly D2165b (Fla. 2d DCA 2017) quoting Jackson v....

18 June

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Appeals Regarding Personal Jurisdiction

Posted by David Adelstein

in Appeal

In a matter where a commercial landlord sued its tenant’s personal guarantors as the result of the tenant’s breach of the lease, the guarantors moved to dismiss the lawsuit based on personal jurisdiction. Check here for more on this matter. A trial court’s ruling on personal jurisdiction is an immediately appealable ruling--a trial court’s determination relating to personal jurisdiction is an immediately appealable non-final order (non-final order meaning the order does not finally dispose of the lawsuit). See Fla.R.App.P. 9.130(a)(3)(C)(i). A determination on personal jurisdiction is an important issue. If a court grants a motion to dismiss based on lack of personal...