Florida Regulations 60Q-3.026: Initiation of Allocation Arbitration Proceedings
Current as of: 2024 | Check for updates
|
Other versions
(1) Where more than one defendant has participated in an assessment arbitration proceeding, any defendant against whom an arbitration award has been made may initiate allocation arbitration proceedings by filing a demand for allocation with the Office of the Clerk within 20 days of the arbitration award, or of the filing of the parties’ agreement to terminate assessment arbitration, and simultaneously serving copies of the demand on all other defendants in the assessment arbitration proceeding.
(2) A demand for allocation shall specify in detail every act or omission on account of which any defendant named in the notice of intent to initiate litigation should be held responsible for the damages assessed in the arbitration award. Nomination of arbitrators shall accompany the demand for allocation.
(3) Any arbitrating defendant upon whom a demand for allocation is served shall file an answer admitting or denying every allegation made in the demand within 10 days of service of the demand; and may, at the same time, serve a cross-demand for allocation specifying in detail any other acts or omissions on account of which any defendant named in the notice of intent to initiate litigation should be held responsible for the damages assessed in the arbitration proceeding.
(4) Any arbitrating defendant upon whom a cross-demand for allocation is served shall file an answer admitting or denying every allegation made in the cross-demand within 10 days of service of the cross-demand.
Specific Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History-New 9-6-88, Formerly 22I-7.026, Amended 6-27-00.
Terms Used In Florida Regulations 60Q-3.026
- Allegation: something that someone says happened.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
(3) Any arbitrating defendant upon whom a demand for allocation is served shall file an answer admitting or denying every allegation made in the demand within 10 days of service of the demand; and may, at the same time, serve a cross-demand for allocation specifying in detail any other acts or omissions on account of which any defendant named in the notice of intent to initiate litigation should be held responsible for the damages assessed in the arbitration proceeding.
(4) Any arbitrating defendant upon whom a cross-demand for allocation is served shall file an answer admitting or denying every allegation made in the cross-demand within 10 days of service of the cross-demand.
Specific Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History-New 9-6-88, Formerly 22I-7.026, Amended 6-27-00.