Florida Statute 44.103 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 44
MEDIATION ALTERNATIVES TO JUDICIAL ACTION

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F.S. 44.103

44.103 Court-ordered, nonbinding arbitration.—

(1) Court-ordered, nonbinding arbitration shall be conducted according to the rules of practice and procedure adopted by the Supreme Court.

(2) A court, pursuant to rules adopted by the Supreme Court, may refer any contested civil action filed in a circuit or county court to nonbinding arbitration.

(3) Arbitrators shall be selected and compensated in accordance with rules adopted by the Supreme Court. Arbitrators shall be compensated by the parties, or, upon a finding by the court that a party is indigent, an arbitrator may be partially or fully compensated from state funds according to the party’s present ability to pay. Prior to approving the use of state funds to reimburse an arbitrator, the court must ensure that the party reimburses the portion of the total cost that the party is immediately able to pay and that the party has agreed to a payment plan established by the clerk of the court that will fully reimburse the state for the balance of all state costs for both the arbitrator and any costs of administering the payment plan and any collection efforts that may be necessary in the future. Whenever possible, qualified individuals who have volunteered their time to serve as arbitrators shall be appointed. If an arbitration program is funded pursuant to s. 44.108, volunteer arbitrators are entitled to be reimbursed pursuant to s. 112.061 for all actual expenses necessitated by service as an arbitrator.

(4) An arbitrator or, in the case of a panel, the chief arbitrator, shall have such power to administer oaths or affirmations and to conduct the proceedings as the rules of court shall provide. The hearing shall be conducted informally. Presentation of testimony and evidence shall be kept to a minimum, and matters shall be presented to the arbitrators primarily through the statements and arguments of counsel. Any party to the arbitration may petition the court in the underlying action, for good cause shown, to authorize the arbitrator to issue subpoenas for the attendance of witnesses and the production of books, records, documents, and other evidence at the arbitration and may petition the court for orders compelling such attendance and production at the arbitration. Subpoenas shall be served and shall be enforceable in the manner provided by law.

(5) The arbitration decision shall be presented to the parties in writing. An arbitration decision shall be final if a request for a trial de novo is not filed within the time provided by rules promulgated by the Supreme Court. The decision shall not be made known to the judge who may preside over the case unless no request for trial de novo is made as herein provided or unless otherwise provided by law. If no request for trial de novo is made within the time provided, the decision shall be referred to the presiding judge in the case who shall enter such orders and judgments as are required to carry out the terms of the decision, which orders shall be enforceable by the contempt powers of the court, and for which judgments execution shall issue on request of a party.

(6) Upon motion made by either party within 30 days after entry of judgment, the court may assess costs against the party requesting a trial de novo, including arbitration costs, court costs, reasonable attorney’s fees, and other reasonable costs such as investigation expenses and expenses for expert or other testimony which were incurred after the arbitration hearing and continuing through the trial of the case in accordance with the guidelines for taxation of costs as adopted by the Supreme Court. Such costs may be assessed if:

(a) The plaintiff, having filed for a trial de novo, obtains a judgment at trial which is at least 25 percent less than the arbitration award. In such instance, the costs and attorney’s fees pursuant to this section shall be set off against the award. When the costs and attorney’s fees pursuant to this section total more than the amount of the judgment, the court shall enter judgment for the defendant against the plaintiff for the amount of the costs and attorney’s fees, less the amount of the award to the plaintiff. For purposes of a determination under this paragraph, the term “judgment” means the amount of the net judgment entered, plus all taxable costs pursuant to the guidelines for taxation of costs as adopted by the Supreme Court, plus any postarbitration collateral source payments received or due as of the date of the judgment, and plus any postarbitration settlement amounts by which the verdict was reduced; or

(b) The defendant, having filed for a trial de novo, has a judgment entered against the defendant which is at least 25 percent more than the arbitration award. For purposes of a determination under this paragraph, the term “judgment” means the amount of the net judgment entered, plus any postarbitration settlement amounts by which the verdict was reduced.

History.—s. 3, ch. 87-173; s. 3, ch. 89-31; s. 3, ch. 90-188; s. 3, ch. 93-161; s. 43, ch. 2004-265; s. 32, ch. 2005-236; s. 1, ch. 2007-206; s. 3, ch. 2025-163.

Note.—Former s. 44.303.

F.S. 44.103 on Google Scholar

F.S. 44.103 on CourtListener

Amendments to 44.103

Annotations, Discussions, Cases:

Cases Citing Statute 44.103

Total Results: 61

Miele v. Prudential-Bache Securities, Inc.

656 So. 2d 470, 20 Fla. L. Weekly Supp. 260, 1995 Fla. LEXIS 954, 1995 WL 337998

Supreme Court of Florida | Filed: Jun 8, 1995 | Docket: 1283708

Cited 29 times | Published

occurs after a claimant files a lawsuit under section 44.103, Florida Statutes (1993) ("Court-ordered, nonbinding

CENTEX-ROONEY CONST. CO. v. Martin County

725 So. 2d 1255, 1999 WL 44348

District Court of Appeal of Florida | Filed: Feb 3, 1999 | Docket: 1688892

Cited 25 times | Published

Inscho-Kirlin's share of the arbitration fees. Relying on section 44.103(6), Florida Statutes (1995), the County asserts

Johnson v. Levine

736 So. 2d 1235, 1999 WL 415320

District Court of Appeal of Florida | Filed: Jun 23, 1999 | Docket: 2083133

Cited 14 times | Published

the parties to non-binding arbitration under section 44.103, Florida Statutes (1997). The arbitrator found

Connell v. City of Plantation

901 So. 2d 317, 2005 Fla. App. LEXIS 6460, 2005 WL 1026562

District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 1216646

Cited 8 times | Published

attend nonbinding arbitration, pursuant to section 44.103, Florida Statutes (2003). The arbitrators verdict

Preferred Mut. Ins. Co. v. Davis

629 So. 2d 259, 1993 WL 517243

District Court of Appeal of Florida | Filed: Dec 15, 1993 | Docket: 1264322

Cited 8 times | Published

reason why in nonbinding arbitration under section 44.103, Florida Statutes, a judgment on an arbitrator's

Avatar Properties, Inc. v. Greetham

27 So. 3d 764, 2010 Fla. App. LEXIS 1442, 2010 WL 476663

District Court of Appeal of Florida | Filed: Feb 12, 2010 | Docket: 1664617

Cited 7 times | Published

to Florida Rule of Civil Procedure 1.820 and section 44.103, Florida Statutes (2009). An order sending

Mourning v. Ballast Nedam Const., Inc.

964 So. 2d 889, 2007 WL 2781727

District Court of Appeal of Florida | Filed: Sep 26, 2007 | Docket: 1422210

Cited 7 times | Published

non-binding arbitration under Florida Statutes section 44.103. Id. at 157. Following the arbitration, but

BACON FAMILY PARTNERS v. Apollo Condominium Ass'n, Inc.

852 So. 2d 882, 2003 WL 21766526

District Court of Appeal of Florida | Filed: Aug 1, 2003 | Docket: 1305633

Cited 7 times | Published

case to nonbinding arbitration pursuant to section 44.103, Florida Statutes (2001), and Florida Rule

Stowe v. UNIVERSAL PROPERTY & CAS. INS. CO.

937 So. 2d 156, 2006 Fla. App. LEXIS 11579, 2006 WL 1896714

District Court of Appeal of Florida | Filed: Jul 12, 2006 | Docket: 1513153

Cited 6 times | Published

Civil Procedure 1.820(h) if it is filed after a section 44.103 arbitration hearing but before the rendition

Chastain v. Chastain

119 So. 3d 547, 2013 WL 4488692, 2013 Fla. App. LEXIS 13480

District Court of Appeal of Florida | Filed: Aug 23, 2013 | Docket: 60233661

Cited 4 times | Published

proposal for settlement which was rejected and section 44.103(6), Florida Statutes, based upon Appellants/Cross-Appellees’

United Auto. Ins. Co. v. Ortiz

931 So. 2d 1025, 2006 Fla. App. LEXIS 9655, 2006 WL 1627282

District Court of Appeal of Florida | Filed: Jun 14, 2006 | Docket: 1522327

Cited 4 times | Published

1089, 1090 (Fla. 4th DCA 2001). Pursuant to section 44.103(2), Florida Statutes (2005), a court "may refer

TA Enterprises, Inc. v. Olarte, Inc.

931 So. 2d 1016, 2006 Fla. App. LEXIS 8940, 2006 WL 1541076

District Court of Appeal of Florida | Filed: Jun 7, 2006 | Docket: 426044

Cited 4 times | Published

parties to non-binding arbitration pursuant to section 44.103, Florida Statutes (2001). The arbitrator found

NICHOLSON-KENNY CAPITAL MGMT. v. Steinberg

932 So. 2d 321, 2006 WL 436036

District Court of Appeal of Florida | Filed: Feb 8, 2006 | Docket: 1684738

Cited 4 times | Published

out the terms of the decisions as provided by section 44.103(5), Florida Statutes. In Klein v. J.L. Howard

FRIENDLY HOMES OF THE SOUTH INC. v. Fontice

932 So. 2d 634, 2006 WL 1879000

District Court of Appeal of Florida | Filed: Jul 7, 2006 | Docket: 1285602

Cited 3 times | Published

authorizes a court to order nonbinding arbitration, § 44.103, and to order voluntary binding arbitration when

State, Dept. of Transp. v. BellSouth Telecommunications, Inc.

859 So. 2d 1278, 28 Fla. L. Weekly Fed. D 2745

District Court of Appeal of Florida | Filed: Nov 26, 2003 | Docket: 179248

Cited 3 times | Published

for jury trial de novo under Florida Statutes section 44.103 (2002) and Florida Rule of Civil Procedure

The Florida Bar v. Solomon

711 So. 2d 1141, 1998 WL 79083

Supreme Court of Florida | Filed: Feb 26, 1998 | Docket: 1700535

Cited 3 times | Published

Pooles refused the award. In contravention of section 44.103(5), Florida Statutes (1993), Solomon filed

Alexander v. Quail Pointe II Condominium

170 So. 3d 817, 2015 Fla. App. LEXIS 3148, 2015 WL 965668

District Court of Appeal of Florida | Filed: Mar 6, 2015 | Docket: 60249515

Cited 2 times | Published

that Florida Rule of Civil Procedure 1.820 and section 44.103, Florida Statutes (2011), mandate entry of

Cooper v. Marriott International, Inc.

16 So. 3d 156, 2009 Fla. App. LEXIS 8752, 2009 WL 1872441

District Court of Appeal of Florida | Filed: Jul 1, 2009 | Docket: 1641116

Cited 2 times | Published

nonbinding arbitration conducted pursuant to section 44.103, Florida Statutes (2004). We answer in the

In Re Amendments to Rules of Civ. Procedure

966 So. 2d 943, 32 Fla. L. Weekly Supp. 606, 2007 Fla. LEXIS 1788, 2007 WL 2790745

Supreme Court of Florida | Filed: Sep 27, 2007 | Docket: 1679427

Cited 2 times | Published

out the terms of the decision as provided by section 44.103(5), Florida Statutes. Committee Notes 1988

Quaregna v. STRATEGIC PERFORMANCE FUND II

943 So. 2d 265, 2006 WL 3299863

District Court of Appeal of Florida | Filed: Nov 15, 2006 | Docket: 1527348

Cited 2 times | Published

entering summary judgment in Healthgrades' favor. Section 44.103, Florida Statutes, provides, in pertinent part

Contractor's Mgmt. Sys. of NH, Inc. v. ACREE AIR COND., INC.

799 So. 2d 320, 2001 WL 1191115

District Court of Appeal of Florida | Filed: Oct 10, 2001 | Docket: 1278059

Cited 2 times | Published

690 F.2d 1343, 1352 (11th Cir.1982)). Under section 44.103, Florida Statutes (2000), and Florida Rule

Saltzman v. Hadlock

112 So. 3d 772, 2013 WL 2113799, 2013 Fla. App. LEXIS 7971

District Court of Appeal of Florida | Filed: May 17, 2013 | Docket: 60231272

Cited 1 times | Published

Had-lock. On appeal, Dr. Saltzman argues that section 44.103(6), Florida Statutes (2002), requires the trial

Kalman v. PASCO-HERNANDO SURGICAL ASSOCS.

974 So. 2d 1219, 2008 WL 539328

District Court of Appeal of Florida | Filed: Feb 29, 2008 | Docket: 2568727

Cited 1 times | Published

arbitrator's decision in a nonbinding arbitration. See § 44.103(5), Fla. Stat. (2005). Ms. Kalman appeals the

Midway Services, Inc. v. CME

974 So. 2d 427

District Court of Appeal of Florida | Filed: Oct 26, 2007 | Docket: 1367477

Cited 1 times | Published

Because the trial court erred in determining that section 44.103(6), Florida Statutes (2005), precludes an award

Buscemi v. City of Plantation

901 So. 2d 979, 2005 Fla. App. LEXIS 6827, 2005 WL 1109634

District Court of Appeal of Florida | Filed: May 11, 2005 | Docket: 2585697

Cited 1 times | Published

case for non-binding arbitration pursuant to section 44.103, Florida Statutes (2003). The arbitrator found

Francis v. Akerley

884 So. 2d 455, 2004 Fla. App. LEXIS 14647, 2004 WL 2238613

District Court of Appeal of Florida | Filed: Oct 6, 2004 | Docket: 64833557

Cited 1 times | Published

risk multiplier in a fee awarded pursuant to section 44.103, Florida Statutes (2003) (court-ordered, nonbinding

Patterson v. Allstate Ins. Co.

884 So. 2d 178, 2004 Fla. App. LEXIS 10986, 29 Fla. L. Weekly Fed. D 1708

District Court of Appeal of Florida | Filed: Jul 23, 2004 | Docket: 1683011

Cited 1 times | Published

the parties and the power of the trial court. Section 44.103(5), Florida Statutes (2003), states in pertinent

Broward Yachts, Inc. v. Denison

871 So. 2d 954, 2004 Fla. App. LEXIS 4102, 2004 WL 626136

District Court of Appeal of Florida | Filed: Mar 31, 2004 | Docket: 64830100

Cited 1 times | Published

contained in a separate count in the complaint. Section 44.103, Florida Statutes (2003), entitled “Court-ordered

Amendments to the Florida Rules of Civil Procedure

858 So. 2d 1013, 28 Fla. L. Weekly Supp. 797, 2003 Fla. LEXIS 1779, 2003 WL 22410375

Supreme Court of Florida | Filed: Oct 23, 2003 | Docket: 64826361

Cited 1 times | Published

of arbitrators subject to the limitations in section 44.103(g)(3), Florida Statutes. Committee Notes 2003

Carpenter, Strategic Land and Property Sales, LLC v. BVK Muirfield Village, LLC, BGV Limited, LLLP

District Court of Appeal of Florida | Filed: Jul 11, 2025 | Docket: 70756997

Published

Nonbinding arbitration is governed substantively by section 44.103, Florida Statutes (2024), and procedurally

People's Trust Insurance Company v. Elvin Hernandez and Jeannette Hernandez

District Court of Appeal of Florida | Filed: Mar 26, 2025 | Docket: 69793430

Published

petition. Section 44.103(5) and Amended Florida Rule of Civil Procedure 1.820(h) Section 44.103(5), Florida

Howard Roy Housen and Valerie Housen v. Universal Property & Casualty Insurance Company

District Court of Appeal of Florida | Filed: Jan 22, 2025 | Docket: 69564930

Published

under Florida Rule of Civil Procedure 1.800 and section 44.103, Florida Statutes (2020). The arbitrator filed

Melissa Beth Epps, and B.M., by and Through Melissa Beth Epps, as Parent and Natural Guardian v. Tricia Marie Maro Robin John Maro

District Court of Appeal of Florida | Filed: Nov 1, 2024 | Docket: 69335644

Published

2 pursuant to section 44.103, Florida Statutes (2023). The trial court must

THE CITY OF NAPLES v. HEIDI WOLFF AND JOSEPH WOLFF

District Court of Appeal of Florida | Filed: Jul 12, 2024 | Docket: 68938458

Published

parties to nonbinding arbitration pursuant to section 44.103, Florida Statutes (2022), and Florida Rule

Lawnwood Medical Center, Inc., d/b/a Lawnwood Healthcare Specialists, LLC v. Gwendolyn Rouse, as Personal Representative of the Estate of Marleana Rouse

District Court of Appeal of Florida | Filed: Jul 3, 2024 | Docket: 68913315

Published

GERBER, J. In this appeal, we enforce section 44.103(5), Florida Statutes (2021), which provides:

Mindy Lee v. Animal Aid, Inc. and Rhoda Mann

District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 68290563

Published

as provided by section 44.103(5), Florida Statutes.” Fla. R. Civ. P. 1.820(h); § 44.103(5), Fla. Stat

In Re: Amendments to the Florida Rules of Civil Procedure

Supreme Court of Florida | Filed: Jun 6, 2024 | Docket: 68833106

Published

alter the existing procedures 2. Under section 44.103(5), Florida Statutes (2023), an arbitrator’s

Mindy Lee v. Animal Aid, Inc. and Rhoda Mann

District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290563

Published

as provided by section 44.103(5), Florida Statutes.” Fla. R. Civ. P. 1.820(h); § 44.103(5), Fla. Stat

VITESSE, INC. and MONOCLE MANAGEMENT LIMITED, INC. v. MAPL ASSOCIATES LLC

District Court of Appeal of Florida | Filed: Mar 22, 2023 | Docket: 67068642

Published

appropriately request trial de novo pursuant to section 44.103(5), Florida Statutes (2020), and Florida Rule

AMERICAN PLATINUM PROPERTY AND CASUALTY INSURANCE COMPANY vs DAVID SWANK

District Court of Appeal of Florida | Filed: Aug 19, 2022 | Docket: 68035245

Published

referred the matter to non-binding arbitration. See § 44.103, Fla. Stat. (2020); Fla. R. Civ. P. 1.820. American

QUATERA SHENEQUA GOULD n/k/a NASSIA BIANCA QUATERA ARENAS v. FAIRWINDS MOTEL, INC. d/b/a AMERICA'S BEST INN & SUITES

District Court of Appeal of Florida | Filed: Oct 13, 2021 | Docket: 60642704

Published

failed to request a trial de novo, pursuant to section 44.103(5), Florida Statutes, and Florida Rule of Civil

JOHN DE ACOSTA AND CARMEN DE ACOSTA v. NAPLES COMMUNITY HOSPITAL INC.

District Court of Appeal of Florida | Filed: Sep 25, 2019 | Docket: 16243973

Published

trial de novo within the time required by section 44.103(5), Florida Statutes (2017), and rule 1.820(h)

FOUNTAINBLEAU, L L C v. HIRE US, INC.

District Court of Appeal of Florida | Filed: Jun 7, 2019 | Docket: 15738240

Published

parties to nonbinding arbitration pursuant to section 44.103, Florida Statutes (2018), the court did not

Fountainbleau, LLC v. Hire US, Inc.

273 So. 3d 1152

District Court of Appeal of Florida | Filed: Jun 7, 2019 | Docket: 64717552

Published

invoke the nonbinding arbitration statute, section 44.103, Florida Statutes (2018), and refer the action

Fountainbleau, LLC v. Hire US, Inc.

273 So. 3d 1152

District Court of Appeal of Florida | Filed: Jun 7, 2019 | Docket: 64717551

Published

invoke the nonbinding arbitration statute, section 44.103, Florida Statutes (2018), and refer the action

Winter Green At Winter Park Homeowners Ass'n, Inc. v. Ware

264 So. 3d 1143

District Court of Appeal of Florida | Filed: Feb 22, 2019 | Docket: 64705123

Published

voluntarily stipulate to binding arbitration. See § 44.103(2), Fla. Stat. (2017) ("A court, pursuant to rules

Winter Green At Winter Park Homeowners Ass'n, Inc. v. Ware

264 So. 3d 1143

District Court of Appeal of Florida | Filed: Feb 22, 2019 | Docket: 64705122

Published

voluntarily stipulate to binding arbitration. See § 44.103(2), Fla. Stat. (2017) ("A court, pursuant to rules

Harold v. Sanders

159 So. 3d 338, 2015 Fla. App. LEXIS 3394, 2015 WL 1034621

District Court of Appeal of Florida | Filed: Mar 11, 2015 | Docket: 60246565

Published

SILBERMAN, Judge. Section 44.103, Florida Statutes (2012), and Florida Rule of Civil Procedure 1.820(h)

Dunkin' Donuts Franchised Restaurants, LLC v. 330545 Donuts, Inc.

27 So. 3d 711, 2010 Fla. App. LEXIS 534, 2010 WL 289192

District Court of Appeal of Florida | Filed: Jan 27, 2010 | Docket: 1207640

Published

invoked their right to a trial de novo under section 44.103(5), Florida Statutes (2004). On March 30, 2006

Diaz v. Andy

987 So. 2d 698, 2008 Fla. App. LEXIS 8444, 2008 WL 2356712

District Court of Appeal of Florida | Filed: Jun 11, 2008 | Docket: 64855284

Published

attorney’s fees and costs, in accordance with section 44.103, Florida Statutes (2006), and Florida Rule

Current Builders v. First Sealord Sur.

984 So. 2d 526, 2008 WL 2261502, 2008 Fla. App. LEXIS 8127

District Court of Appeal of Florida | Filed: Jun 4, 2008 | Docket: 1686134

Published

subsequent to the arbitration award, pursuant to section 44.103(6), Florida Statutes (2006). The same attorney

ANTUNEZ v. Whitfield

980 So. 2d 1175, 2008 WL 1733602

District Court of Appeal of Florida | Filed: Apr 16, 2008 | Docket: 1417897

Published

award of attorney's fees and costs pursuant to section 44.103(6), Florida Statutes (2006), claiming that

ANTUNEZ v. Whitfield

980 So. 2d 1175, 2008 WL 1733602

District Court of Appeal of Florida | Filed: Apr 16, 2008 | Docket: 1417897

Published

award of attorney's fees and costs pursuant to section 44.103(6), Florida Statutes (2006), claiming that

Wedgewood Holdings, Inc. v. Wilpon

972 So. 2d 1044, 2008 WL 183505

District Court of Appeal of Florida | Filed: Jan 23, 2008 | Docket: 1650859

Published

attorney's fees are authorized by statute. See § 44.103, Fla. Stat. (2006). Based upon the foregoing,

MHM Services, Inc. v. Perry

958 So. 2d 533, 26 I.E.R. Cas. (BNA) 726, 2007 Fla. App. LEXIS 8873, 2007 WL 1610181

District Court of Appeal of Florida | Filed: Jun 6, 2007 | Docket: 64851032

Published

order requiring nonbinding arbitration under section 44.103(2), Florida Statutes (2006). The arbitrator

Ocean-Yachts v. Florida Yachts Intern.

960 So. 2d 44, 2007 WL 1610183

District Court of Appeal of Florida | Filed: Jun 6, 2007 | Docket: 1726183

Published

1025, 1026 (Fla. 4th DCA 2006) ("Pursuant to section 44.103(2), Florida Statutes (2005), a court `may refer

Landing Group of Tampa, Inc. v. Kifner

951 So. 2d 1014, 2007 Fla. App. LEXIS 4306, 2007 WL 858418

District Court of Appeal of Florida | Filed: Mar 23, 2007 | Docket: 64849764

Published

525. We cannot credit this contention. Under section 44.103(2), Florida Statutes (2006), a court “may refer

Furia v. Ziccarelli

935 So. 2d 103, 2006 WL 2265365

District Court of Appeal of Florida | Filed: Aug 9, 2006 | Docket: 1244844

Published

ordered the case to arbitration pursuant to section 44.103, Florida Statutes (2004), and rule 1.800. After

Morgan v. Southeast Service Corp.

861 So. 2d 1224, 2003 WL 22927342

District Court of Appeal of Florida | Filed: Dec 12, 2003 | Docket: 1514162

Published

participate in nonbinding arbitration pursuant to section 44.103, Florida Statutes (2002), and Florida Rule

Gallardo v. Scott

821 So. 2d 1237, 2002 Fla. App. LEXIS 10670, 2002 WL 1724050

District Court of Appeal of Florida | Filed: Jul 26, 2002 | Docket: 64816564

Published

arbitrators’ decision, that decision, pursuant to section 44.103, Florida Statutes (1999), and applicable court

Good Samaritan Hospital Ass'n v. Adeimy

622 So. 2d 1048, 1993 Fla. App. LEXIS 7923, 1993 WL 280440

District Court of Appeal of Florida | Filed: Jul 28, 1993 | Docket: 64698238

Published

arbitration. Therefore, we affirm as to all issues. See § 44.103(4), Fla. Stat. (1991):1 rule 1.820(h), Fla.R.Civ