Jay’s Blog

In Search of a “Clear Conflict” – The Implications of Rule 10.340(a) by W. Jay Hunston, Jr., Esq.

To read the full article, go to: http://fladr.org/wp-content/uploads/2014/10/ADR-2015-Fall-Rev..pdf    

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“Mediator-filed” Notice of Mediation spawns fourteen month dispute between mediator and Plaintiff and its counsel regarding improper “cancellation” of mediation.

After three Motions for Sanctions, three Orders Granting Sanctions and $3,284.17 in sanctions paid by the Plaintiff, the appellate court, in Aurora Bank v Cimbler, 166 So.3d 921 (3DCA 2015), granted a Writ of Certiorari quashing the Third Sanction Order and entered a Writ of Prohibition, prohibiting the trial court from continuing to exercise jurisdiction in this seemingly unending saga. However, the Court never addressed an underlying problem with the factual scenario — the mediator filed the Notice of Mediation;…

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