Florida Regulations 61B-45.030: Summary Disposition; Simplified Arbitration Procedure; No Disputed Issues of Material Fact
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(1) Any dispute which does not involve a disputed issue of material fact as shown by the answer, prehearing stipulation, or otherwise, shall be arbitrated as provided in this rule.
(2) At any time after the filing of the petition and answer, if any, and if no disputed issues of material fact exist, the arbitrator shall summarily enter a final order denying relief pursuant to the petition if the arbitrator finds that no preliminary basis for relief has been demonstrated in the petition.
(3) At any time after the filing of the answer, and if no disputed issues of material fact exist, the arbitrator shall summarily enter a final order awarding relief if the arbitrator finds that no meritorious defense exists, and that the petition is otherwise appropriate for relief.
(4) No formal evidentiary hearing as described by Fl. Admin. Code R. 61B-45.039, shall be conducted for arbitrations determined pursuant to this rule. The arbitrator shall decide the dispute solely upon the pleadings and evidence filed by the parties.
Specific Authority 718.1255, 719.1255 FS. Law Implemented 718.1255, 719.1255 FS. History-New 4-1-92, Amended 2-2-93, Formerly 7D-45.030, Amended 6-19-96.
Terms Used In Florida Regulations 61B-45.030
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
(3) At any time after the filing of the answer, and if no disputed issues of material fact exist, the arbitrator shall summarily enter a final order awarding relief if the arbitrator finds that no meritorious defense exists, and that the petition is otherwise appropriate for relief.
(4) No formal evidentiary hearing as described by Fl. Admin. Code R. 61B-45.039, shall be conducted for arbitrations determined pursuant to this rule. The arbitrator shall decide the dispute solely upon the pleadings and evidence filed by the parties.
Specific Authority 718.1255, 719.1255 FS. Law Implemented 718.1255, 719.1255 FS. History-New 4-1-92, Amended 2-2-93, Formerly 7D-45.030, Amended 6-19-96.