Publix Supermarkets, Inc. v. Faith Conte, as Personal Representative of the Estate of Susan L. Moore

I concur in the majority’s opinion in this ease, but write separately to address an important issue raised in this appeal.

The parties in this case stipulated to voluntary binding arbitration pursuant to section 44.104, Florida Statutes. Under the terms of their stipulation, each party was to select an arbitrator, and the selected arbitrators would then choose a “third ‘neutral’ arbitrator.” After the parties selected their respective arbitrators, the defense arbitrator and the plaintiff arbitrator passed one another in a hallway while working on other matters, and, on the plaintiff…