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Stafford v. Wayne Frier Manufactured Home

Citations: 837 So. 2d 587; 2003 Fla. App. LEXIS 1755; 2003 WL 327602Docket: No. 5D02-1569

Court: District Court of Appeal of Florida; February 13, 2003; Florida; State Appellate Court

Narrative Opinion Summary

An appeal was made against a non-final order that allowed Wayne Frier Manufactured Home Center of Homosassa Springs, Inc. and Wayne Frier Mobile Home Sales, Inc. to submit an amended complaint from Joseph and Kathleen Stafford to arbitration. Millicent and Albert K. Morrell, Sr. are co-plaintiffs with the Staffords in the related case, Morrell v. Wayne Frier Manufactured Home Center, which establishes the relevant facts. The prior decision in Morrell is deemed conclusive for this case. The appellate court vacated the order from May 7, 2002, that submitted the amended complaint to arbitration and remanded the matter to the circuit court for further proceedings. The decision was reversed and the order vacated, with judges Peterson, Pleus, and Palmer concurring.

Legal Issues Addressed

Appealability of Non-Final Orders

Application: The appellate court addressed the appealability of a non-final order that directed parties to arbitration, determining that such orders can be vacated and remanded for further proceedings.

Reasoning: An appeal was made against a non-final order that allowed Wayne Frier Manufactured Home Center of Homosassa Springs, Inc. and Wayne Frier Mobile Home Sales, Inc. to submit an amended complaint from Joseph and Kathleen Stafford to arbitration.

Binding Precedent and Case Law Application

Application: The appellate court relied on the precedent set by Morrell v. Wayne Frier Manufactured Home Center to determine the outcome of the current appeal, highlighting the role of binding case law in judicial decisions.

Reasoning: Millicent and Albert K. Morrell, Sr. are co-plaintiffs with the Staffords in the related case, Morrell v. Wayne Frier Manufactured Home Center, which establishes the relevant facts. The prior decision in Morrell is deemed conclusive for this case.

Judicial Authority to Remand Cases

Application: The appellate court exercised its authority to vacate a lower court's order and remand the case for further proceedings, illustrating judicial review and correction of lower court actions.

Reasoning: The appellate court vacated the order from May 7, 2002, that submitted the amended complaint to arbitration and remanded the matter to the circuit court for further proceedings.