Community/Condotte/De Moya JV v. Circuit Court Judge
All parties in a long-pending construction case jointly applied under section 44.104, Florida Statutes, for appointment of a voluntary trial resolution judge; the trial court denied the application on case-management and efficiency grounds. The Third District granted mandamus, holding that section 44.104(2) and (4)'s use of 'shall' imposes a nondiscretionary, ministerial duty to appoint the agreed trial resolution judge within ten days.
Key facts
- All parties in a long-pending construction case jointly applied under section 44.104, Florida Statutes, for appointment of a voluntary trial resolution judge.
- The trial court denied the application based on case-management and efficiency grounds.
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Why it matters
This is the rare published guidance on Florida's voluntary trial resolution statute, section 44.104, and it flatly forecloses trial courts from denying a joint application on case-management or efficiency grounds… — full analysis with a trial
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