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District Court of Appeal of Florida


Nicholson-Kelly Capital Mgmt., Inc. v. Steinberg, 4D03-4687

Final judgment on an arbitration award pursuant to a finding that plaintiff did not file a request for trial de novo within twenty days as required is reversed since defendants were precluded from raising the issue under circumstances where the case was set for trial prior to the arbitration proceeding, plaintiff filed a notice for a pretrial conference after the arbitration, and defendants actually participated in trial preparations and docket call after the arbitration ruling.

Appellate Information

  • Decided 02/08/2006
  • Published 02/08/2006

Judges

Court

  • District Court of Appeal of Florida

Counsel

  • For Appellant:
  • Jonathan C. Scott of Scott & Scott, LLP, Smithtown, NY, for appellant.

  • For Appellees:
  • Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., Palm Beach Gardens, Scott Konopka and Stephen C. Page of Page, Mrachek, Fitzgerald & Rose, P.A., Stuart, for appellees Richard Steinberg, Norman Fine and Steinberg Global Asset Management, Ltd., Corp., Peter A. Sachs of Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, for appellee Cathleen Osier Buchanan.
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