Fort Lauderdale Divorce Lawyer Blog
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.
Court’s Evaluation and Legal Ruling
The court granted the petition and held that the trial court acted outside its authority by attempting to adjudicate matters previously reserved for the private judge. The court emphasized that under section 44.104, Florida Statutes, parties may agree to have a private judge resolve their disputes, and once such an agreement is made and ratified by the court, it carries the same legal weight as a judicial ruling.
The court found that the parties’ agreement to submit all litigation to the private judge, including fee-related matters, remained binding even after the entry of final judgment. The court reasoned that when a private judge issues an order of entitlement to fees, it is presumed that the same judge retains jurisdiction to determine the amount of those fees. This principle applies equally to private judges and trial judges.
The court rejected the trial court’s attempt to carve out exceptions or reassert jurisdiction, noting that it lacked authority to narrow or rescind the private judge’s role. Because the parties had consented to the private judge’s continuing jurisdiction and had not revoked that agreement, the trial court could not overrule their contractual choice. Accordingly, the petition was granted, and the private judge retained authority over the disputed fee issue.
Consult a Trusted Florida Family Law Attorney for Post-Judgment Enforcement
Parties who choose private dispute resolution have the right to rely on that choice being respected by the courts. If you are involved in post-divorce litigation and encounter jurisdictional conflicts or issues concerning a private judge, it is important to act quickly to protect your rights. The Miami divorce attorneys at the Law Offices of Sandy T. Fox, P.A. have extensive experience in complex dissolution proceedings, and if you hire us, we will fight to help you protect your interests. Contact our Miami office at 800-596-0579 or reach out through our online form to schedule a confidential consultation.