Jay’s Blog

“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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