Lawnwood Medical Center, Inc. v. Rouse
In a medical negligence case referred to court-ordered nonbinding arbitration, Dr. Regan and Lawnwood filed their motion for trial de novo two days beyond rule 1.820(h)'s twenty-day deadline and abandoned any excusable-neglect argument, instead urging 'substantial compliance' based on post-arbitration settlement and mediation communications. Sitting en banc, the Fourth DCA affirmed entry of a $6.5 million judgment conforming to the arbitration decision, receded from Nicholson-Kenny Capital Management, Inc. v. Steinberg and its 'some notice' exception, and held section 44.103(5) and rule 1.820(h) impose a mandatory, bright-line filing requirement.
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