JANET L. SCHMIDT, ET AL.
v.
STOKES MCMILLAN ANTÚNEZ MARTINEZ-LEJARZA P.A.

Fla. 3d DCA | 2025-02-19
No. 2023-1996
Logue, C.J., Lobree, J., Bokor, J., Echarte, Jr., J.
2025 FL 1482 Florida District Court of Appeal, Third District (2025)

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Holding

A party seeking to compel arbitration need not be afforded an evidentiary hearing when the motion can be resolved based on the written record and arguments presented.


Headnotes

[1] A party opposing a motion to compel arbitration must affirmatively demonstrate that an evidentiary hearing is required to resolve factual disputes; failure to make such a…

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Facts & Procedural History

Appellants Janet L. Schmidt and others appealed a non-final order from the Circuit Court for Miami-Dade County regarding a motion to compel arbitratio…

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Opinion of the Court
Logue

Third District Court of Appeal State of Florida

Opinion filed February 19, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1996 Lower Tribunal No. 23-15113 ________________

Janet L. Schmidt, et al., Appellants,

vs.

Stokes McMillan Antúnez Martinez-Lejarza, P.A., Appellee.

An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge.

Janet L. Schmidt (Dagsboro, DE), for appellants.

Stokes McMillan Antúnez Martinez-Lejarza, P.A., and Kimberly A. Martinez-Lejarza, for appellee.

Before LOGUE, C.J., and LOBREE and BOKOR, JJ.

PER CURIAM.

Affirmed. See Linden v. Auto Trend, Inc., 923 So. 2d 1281, 1281–82 (Fla. 4th DCA 2006) (“We affirm, finding that at the hearing on the motion to

Footnotes
2 compel arbitration, appellant failed to demonstrate that an evidentiary hearing was required to resolve the motion.”).

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