Gardner v. Nioso

OPINION ON MOTION TO ENFORCE MANDATE

In this appeal before us, Appellees North Florida Surgeons, P.A., and Dr. Gordon Polley have filed a “Motion to Enforce Mandate” requesting this court to require the trial court to deny Appellant’s motion to extend stay and set aside arbitration award filed in lower tribunal case number 16-2008-CA000130. Appellant did not respond to the motion. We treat this motion as a Petition for Writ of Prohibition. See Fla. R.App. P. 9.040(c) (providing that if “a party seeks an improper remedy, the cause shall be treated as if the proper remedy had been sought.”). For…