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STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION Vista Del Ago I Condominium, Inc.,

Dated: September 6, 2013, ORDER: Plaintiff Petitioner shall have sixty (60) days from the date of this Order to file an answer to Defendant Case No. 2004046608's petition for relief, or, if so directed by the parties, a single arbitrator, to conduct a hearing in accordance with Florida case law. Plaintiff, Plaintiff's attorney. John J. Covington, Jr., Attorney. NOTICE OF FILING OF AMENDED FINAL ORDER Issued on: September 11, 2013 STANDARD OF REVIEW The court will decide whether there is an abuse of discretion in granting Defendant Case No. 2004046608's motion. The standard of review is the same as would have been applied to the motion in favor of Plaintiff. Reversal of the judgment with or without remand is appropriate when the underlying claim is in the same legal category as the alleged error, and it is reasonable to conclude that the error did not result in a substantial injustice. See, e.g., C. B. Jones & Co. v. T. W. & S. Co., 482 So. 2d 1038 (Fla. 1983); Anderson v. Florida Bar, 554 So.2d 1113 (Fla. 1985). The plaintiff must show that no genuine issue of material fact exists as to any material fact that forms the basis of the legal complaint. See, e.g., H. H. Alderman Co. v. State, 647 So.2d 822 (Fla. 4th DCA 1988); L.R.A. v. State, 485 So. 2d 1227 (Fla. 4th DCA 1989). All the evidence in this case, including evidence submitted by both parties, and the transcript of the proceedings, is sufficient for this Court to decide the motions and, to that end, the record is entitled to de Nova review by this Court. See, e.g., C.B. Jones.

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