New Face MD Surgery Centers LLC v. Gabriela Vargas
The Third DCA affirmed a Miami-Dade County Court order arising from a fee dispute between a medical surgery center and a patient. Citing established mootness doctrine, the court held that voluntary payment of a disputed charge extinguishes any actual controversy, eliminating the predicate for a motion to compel arbitration. Because no real controversy remained when the arbitration motion was presented, denial of arbitration was proper.
Key facts
- New Face MD Surgery Centers LLC and Gabriela Vargas were parties to a county court action in Miami-Dade County (Lower Tribunal No. 24-1167-SP-23).
- The dispute centered on a charge that was voluntarily paid prior to or during the pendency of a motion to compel arbitration, mooting the underlying controversy.
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Holdings
- Settlement or voluntary payment of a disputed charge renders a case moot by eliminating the actual controversy.
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