New Face MD Surgery Centers LLC v. Gabriela Vargas

Summary

The Florida Third District Court of Appeal affirmed a non-final order in an appeal involving New Face MD Surgery Centers LLC and Gabriela Vargas. The court concluded that the matter was moot because the disputed charge had been voluntarily paid, and it cited authority concerning arbitration of actual controversies and arbitrator-awarded fees.

Holdings

1. The appeal was moot because no actual controversy remained, and the court therefore affirmed the lower court's non-final order.
2. The Florida Arbitration Code and an arbitration agreement contemplate submission of real controversies to arbitration, not questions that are merely academic.
3. An arbitrator may award fees when the fee claim is authorized by contract or statute.

Questions Presented

1. Whether the appeal presented a live controversy or had become moot.
2. Whether the underlying dispute was one subject to arbitration rather than a matter of merely academic interest.
3. Whether an arbitrator may award fees when the fee claim is authorized by contract or statute.

Disposition

affirmed