Florida/Georgia Personal Injury & Workers Compensation

...red. Although it is within the appraiser's power to permit documentary discovery and prehearing depositions of witnesses, such discovery issues are matters of grace and are not compelled by the Florida Arbitration Code. See Florida Arbitration Code, § 682.08, Fla....

...The costs for expert witness fees incurred by appellant in arbitrating her dispute with appellee were disallowed by the trial court on the apparent theory that the claim exceeded the limits of liability stipulated in the insurance policy sued upon. Such costs are clearly allowable under the provisions of F.S. Section 682.08, F.S.A., formerly F.S....

...Furthermore, the Florida Arbitration Code does not permit discovery within the arbitration itself, even apart from the judicial proceedings. Depositions may be used in arbitration, by permission of the arbitrator, only where a witness cannot be subpoenaed or is unable to attend the hearing. § 682.08(2) Fla....

...They presented their privilege claim to the arbitrator, who rejected it. Nothing they have cited would allow for judicial review of such a discovery decision by an arbitrator. The Florida Arbitration Code authorizes an arbitrator to order discovery. Section 682.08 explicitly allows the arbitrator to *1211 compel production of documents and to issue subpoenas for that purpose. § 682.08, Fla....

...Rule IV, Hearings, is amended to delete the requirement that arbitrators render a final decision within ten days of receipt of the parties’ writings and exhibits where the parties agree to waive an evidentiary hearing. The rule is further amended to provide that subpoenas may be enforced as provided in section 682.08, Florida Statutes, or as otherwise provided in the Rules of Discipline....

...The statute squarely places discovery matters relating to an arbitration within the authority of the arbitrators. Among other things, the Florida Arbitration Code generally gives the arbitrator the authority to “permit such discovery as the arbitrator decides is appropriate in the circumstances,” § 682.08(3), Fla....

...Stat., and enforce these rulings by “issu[ing] subpoenas for the attendance of a witness and for the production of records and other evidence at a discovery proceeding, and tak[ing] action against a noncomplying party to the extent a court could if the controversy were the subject of a civil action in this state.” § 682.08(4), Fla....

...It empowers the arbitrator to “issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets, and other information protected from disclosure to the extent a court could if the controversy were the subject of a civil action in this state.” § 682.08(5), Fla....

...in discovery once arbitration had been ordered); Greenstein v. Baxas Howell Mobley, Inc., 583 So. 2d 402, 403 (Fla. 3d DCA 1991) (granting certiorari to quash denial of protective order that effectively allowed discovery after case had been compelled to arbitration); § 682.08, Fla....

...However, Florida courts have held the question of waiver may be decided by the Court unless one of the parties contends that the waiver question should be answered by the arbitrators. Federated Department Stores, Inc. v. Pavarini Construction Co., Inc., 425 So.2d 1212 (4th DCA 1983). I. Failure to Give Deposition Section 682.08, Florida Statutes, provides: (1) Arbitrators, or an umpire authorized to hear and decide the cause upon failure of the arbitrators to agree upon an award, in the course of his jurisdiction, may issue subpoenas for the attendance of wit...

...at 475-76. 4  In the instant case, the severance of any illegal arbitration provisions would not entail any rewriting of the arbitration agreement. Instead, as the parties agreed, “the Florida State Statutes concerning arbitration [would] govern the procedure,” like section 682.08(2), Florida Statutes (2016) (governing the deposition of witnesses), and the arbitrator would continue to apply the Florida Rules of Evidence and the Florida Rules of Civil Procedure during proceedings....

...uire dismissal of the claim. 5 These are matters that the trial court did not decide, and that we have not decided, because Marcum agreed to arbitration in connection with claims relating to the engagement letter. Finally, Marcum asks us to construe section 682.08(4), Florida Statutes (2010), 6 so as to interpret the term “party” to exclude a contracting party’s assignee....

...In any event, all parties shall be afforded full opportunity for the presentation of any evidence. Depositions shall be allowed only for the perpetuation of testimony. All other pre-hearing discovery is prohibited. The procedures for subpoenas and witness attendance shall be as prescribed in Section 682.08, Florida Statutes....