AMERICAN PROMOTIONAL EVENTS, INC. v. Cagle

District Court of Appeal of Florida

AMERICAN PROMOTIONAL EVENTS, INC. v. Cagle

44 So. 3d 1237, 2010 Fla. App. LEXIS 14547, 2010 WL 3808806

CourtDistrict Court of Appeal of Florida

DecidedOctober 1, 2010

Docket5D09-3126

StatusPublished

This text of 44 So. 3d 1237 (AMERICAN PROMOTIONAL EVENTS, INC. v. Cagle) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

AMERICAN PROMOTIONAL EVENTS, INC. v. Cagle, 44 So. 3d 1237, 2010 Fla. App. LEXIS 14547, 2010 WL 3808806 (Fla. Ct. App. 2010).

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Opinion

PER CURIAM.

Appellant, American Promotional Events, Inc., (hereafter “APE”), appeals an order vacating a second amended final judgment and reinstating a prior amended final judgment. The final judgment confirmed an arbitration award that stemmed from the parties’ settlement. From its initial filing, this case has been riddled with procedural irregularities occasioned by both parties’ attorneys. As a result, there is apparent confusion surrounding not only who is being sued, but who represents Edgar Cagle, personally, versus his corporate entity.

At oral argument, APE conceded, and Edgar Cagle d/b/a Cagle Construction recognized, that one remedy would be to reverse and remand the case so the parties could arbitrate who is the party defendant. Given the unique posture of this case, we believe this is an equitable solution. Consequently, we reverse the second amended final judgment and remand with directions that the trial court remand for further arbitration proceedings.

REVERSED AND REMANDED.

EVANDER and COHEN, JJ„ and HARRIS, J., Associate Judge, concur.

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PER CURIAM.

Appellant, American Promotional Events, Inc., (hereafter “APE”), appeals an order vacating a second amended final judgment and reinstating a prior amended final judgment. The final judgment confirmed an arbitration award that stemmed from the parties’ settlement. From its initial filing, this case has been riddled with procedural irregularities occasioned by both parties’ attorneys. As a result, there is apparent confusion surrounding not only who is being sued, but who represents Edgar Cagle, personally, versus his corporate entity.

At oral argument, APE conceded, and Edgar Cagle d/b/a Cagle Construction recognized, that one remedy would be to reverse and remand the case so the parties could arbitrate who is the party defendant. Given the unique posture of this case, we believe this is an equitable solution. Consequently, we reverse the second amended final judgment and remand with directions that the trial court remand for further arbitration proceedings.

REVERSED AND REMANDED.

EVANDER and COHEN, JJ„ and HARRIS, J., Associate Judge, concur.

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Bluebook (online)

44 So. 3d 1237, 2010 Fla. App. LEXIS 14547, 2010 WL 3808806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-promotional-events-inc-v-cagle-fladistctapp-2010.