Florida law allows parties to agree that a private judge may resolve their disputes in lieu of a traditional courtroom setting. When properly authorized, private judges have the same authority as trial judges to make binding rulings. A recent Florida case reinforces the legal enforceability of such agreements and the limitations on trial courts when parties have delegated decision-making authority to a private judge. If you intend to end your marriage, it is important to understand your rights, and you should talk to a Miami divorce attorney at your earliest convenience.
Factual Background and Procedural History
It is reported that during their divorce, the parties entered into a written agreement stipulating that all litigation between them would be presided over by a private judge. The agreement was incorporated into the divorce decree and later reaffirmed. After the former husband passed away, disputes arose between the former wife and the estate of the former husband, particularly regarding entitlement to attorney’s fees.
It is further reported that the parties continued to submit matters to the private judge, including an earlier decision on entitlement to fees. However, the trial court later ruled that it, not the private judge, had jurisdiction to determine the amount of fees owed. The former wife objected and filed a petition seeking to prohibit the trial court from asserting jurisdiction over issues delegated to the private judge. The trial court denied the motion for reconsideration concerning its ruling on jurisdiction, prompting the former wife to seek relief from the court. Continue reading ›