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GE Life & Annuity Assurance Co. v. Vogel

Citations: 849 So. 2d 330; 2003 Fla. App. LEXIS 3115; 2003 WL 1030574Docket: No. 2D02-3928

Court: District Court of Appeal of Florida; March 11, 2003; Florida; State Appellate Court

Narrative Opinion Summary

GE Life and Annuity Assurance Company filed a petition for a writ of certiorari regarding a nonfinal order that denied a requested stay and determined that GE had waived its right to compel arbitration. However, this petition has become moot due to a federal court order that compelled arbitration. The court refrains from addressing the merits of the now-moot petition, but notes that recent legal developments raise questions about the ongoing validity of its previous decision in Donald Co. Securities, Inc. v. Mid-Florida Community Services, Inc. The petition is denied, with concurrence from Chief Judge Altenbernd and Judges Salcines and Covington.

Legal Issues Addressed

Impact of Subsequent Legal Developments

Application: The court noted that recent legal developments could affect the validity of its previous decisions, indicating openness to revisiting established precedents if necessary.

Reasoning: The court refrains from addressing the merits of the now-moot petition, but notes that recent legal developments raise questions about the ongoing validity of its previous decision in Donald Co. Securities, Inc. v. Mid-Florida Community Services, Inc.

Mootness in Certiorari Petitions

Application: The court declined to address the merits of the petition due to a supervening federal court order compelling arbitration, rendering the petition moot.

Reasoning: However, this petition has become moot due to a federal court order that compelled arbitration.

Waiver of Right to Compel Arbitration

Application: The initial order determined that GE Life and Annuity Assurance Company had waived its right to compel arbitration, which was a central issue before the petition became moot.

Reasoning: GE Life and Annuity Assurance Company filed a petition for a writ of certiorari regarding a nonfinal order that denied a requested stay and determined that GE had waived its right to compel arbitration.