CopyCited 66 times | Published | Court of Appeals for the Eleventh Circuit | 1982 U.S. App. LEXIS 19416
this case. 25. The similarity between Fla.Stat.
682.13(1) and 9 U.S.C. 10(b) of the United States
CopyCited 66 times | Published | Court of Appeals for the Eleventh Circuit | 126 L.R.R.M. (BNA) 2263, 8 Fed. R. Serv. 3d 648, 1987 U.S. App. LEXIS 10360
which is 90 days. See Fla.Stat.Ann. §
682.13(2) (West Supp.1987). We must disagree with the
CopyCited 62 times | Published | Supreme Court of Florida | 14 Fla. L. Weekly 232, 1989 Fla. LEXIS 399, 1989 WL 47676
none of the statutorily enumerated grounds of section
682.13(1), Florida Statutes (1985), existed for vacating
CopyCited 30 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 195, 2001 Fla. LEXIS 628, 2001 WL 326778
affecting the merits of the controversy." Last, section
682.13 provides a list of criteria upon which an award
CopyCited 29 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 665, 2011 Fla. LEXIS 2764, 2011 WL 5864830
judicial review in circuit court permitted by section
682.13 will not permit a judicial review of such a
CopyCited 26 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1235910
appeal except as provided by Florida law. See §
682.13(1)(a)-(e), Fla. Stat. (2001); Schnurmacher Holding
CopyCited 24 times | Published | Court of Appeals for the Eleventh Circuit | 11 Fed. R. Serv. 3d 1297, 1988 U.S. App. LEXIS 10154, 1988 WL 72418
arbitrator within the meaning of Fla.Stat.Ann. §
682.13(l)(b); material questions of fact precluded summary
CopyCited 16 times | Published | Court of Appeals for the Eleventh Circuit | 114 L.R.R.M. (BNA) 2254, 1983 U.S. App. LEXIS 25135
vacation of an arbitration award. Fla.Stat. Ann. §
682.13(2). In the absence of guidance from the Supreme
CopyCited 16 times | Published | Florida 3rd District Court of Appeal | 1970 Fla. App. LEXIS 6535
the appellant to vacate the award pursuant to §
682.13, Fla. Stat., F.S.A., entered its judgment dismissing
CopyCited 15 times | Published | Florida 4th District Court of Appeal | 2005 WL 1750621
of the five statutory grounds set forth in section
682.13(1)(a)-(e), Florida Statutes (2002). See Commc'ns
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 1997 WL 227445
appeal, Boyhan seeks to invoke the language of section
682.13(b),[2] which requires the court to vacate an
CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 557
ground for vacating or modifying the award. See §
682.13(1), Fla. Stat. (1983); Lake County Education Association
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 1992 WL 295449
exceeded their powers, and thus pursuant to section
682.13(1)(c) the trial court should have vacated this
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 99 L.R.R.M. (BNA) 2493, 1978 Fla. App. LEXIS 15938
reasonableness of School Board's policies and rules." Section
682.13, Florida Statutes (1975), provides the exclusive
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
is hereby set aside and vacated pursuant to F.S.
682.13(e)(3) and a rehearing before the Arbitrator is
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2004 WL 2727447
that the arbitrator exceeded his powers under section
682.13(1), Florida Statutes. For the following reasons
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1988 WL 115379
the claim for costs was merely overlooked. Section
682.13(1)(d), Florida Statutes, provides that the
CopyCited 9 times | Published | Florida 4th District Court of Appeal
DOWNEY, Senior Judge, concur. NOTES [1] See §
682.13, Fla. Stat. (1993). [2] See §
682.14, Fla.Seat
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 17 Educ. L. Rep. 310, 1984 Fla. App. LEXIS 12655
law but only upon one of the statutory grounds. §
682.13, Fla. Stat. (1981); Dairyland Insurance Co. v
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2003 WL 22400695
award except upon those grounds set forth in section
682.13(1), Florida Statutes (2002). See Schnurmacher
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1998 WL 130801
statutory grounds specifically enumerated in section
682.13, Florida Statutes (1993). Thus, because Verzura's
CopyCited 8 times | Published | District Court, S.D. Florida | 1984 U.S. Dist. LEXIS 24943
contains the same time requirements. Fla.Stat. §
682.13(2) (West Supp.1983).[8] Plaintiff reasons that
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1993 WL 517243
except upon one of the five grounds set forth in section
682.13(1), Florida Statutes. That statute, pertaining
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1974 Fla. App. LEXIS 7873
the merits of the controversy. * * * * * *" F.S.
682.13, F.S.A. provides that upon application of a party
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1975 Fla. App. LEXIS 18970
appellee's motion to confirm the award was barred by §
682.13(1)(c), in that by refusing to consider medical
CopyCited 7 times | Published | District Court, S.D. Florida | 120 L.R.R.M. (BNA) 2854, 1984 U.S. Dist. LEXIS 21324
the Florida statute governing arbitration. Section
682.13(2) Florida Statutes (1983). The failure of
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2013 WL 5493462, 2013 Fla. App. LEXIS 15627
...(2012) ("[The court] shall summarily hear and determine the issue ....”), with §
682.03(l)(b), Fla. Stat. (2013) ("[T]he court shall proceed summarily to decide the issue....”). The Legislature's intent is clear that the Revised Florida Arbitration Act applies prospectively. See §
682.013(3), Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2000 WL 1580838
upon the grounds specified in Florida Statute §
682.13. Soler argues that the trial court lacked the
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
by fraud or corruption within the meaning of Section
682.13(1)(a), (b), Florida Statutes (1979). The foundation
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1973 Fla. App. LEXIS 8034
were the three grounds asserted in the motion. Section
682.13 of Chapter 682 Fla. Stat., F.S.A., the Florida
CopyCited 6 times | Published | Florida 1st District Court of Appeal
Code, Chapter 682, Florida Statutes (1981). Section
682.13 provides five grounds on which a trial court
CopyCited 6 times | Published | Florida 1st District Court of Appeal
filing objections to the award as provided in section
682.13 does not apply to a void award. 3 Fla.Jur.
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2017 Fla. App. LEXIS 1117
...However, the arbitration agreements at issue in this case were
entered into in 2008 and 2011. (Kendall sold Dayron Ortega a new automobile in
2008, and sold Erislandis Marquez and Dianellys Y. Diaz a used automobile in
2011). The RFAC “governs an agreement to arbitrate made on or after July 1,
2013.” § 682.013, Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 2349
aside the award based on arbitrator misconduct. Section
682.13(1)(b), Florida Statutes (1983), requires vacation
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2006 WL 1196455
Bradstreet,
727 So.2d 372 (Fla. 5th DCA 1999)). Section
682.13(1), Florida Statutes (2005), enumerates five
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2005 WL 715732
setting aside an arbitration award pursuant to section
682.13(1)(c), Florida Statutes (2004). Because this
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1997 WL 119745
1995), modified,
85 F.3d 519 (11th Cir.1996); §
682.13, Fla.Stat. (1995); Schnurmacher Holding, Inc.
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1991 WL 65959
procured by ... undue means." 9 U.S.C. § 10; see also §
682.13(1)(a), Fla. Stat. (1989). It is well settled that
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 33 Fla. L. Weekly Fed. D 2373
one of the statutorily enumerated grounds in section
682.13(1), Florida Statutes (2007), of the Florida
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1993 WL 469338
vacated because the arbitrator made an error of law. §
682.13, Fla. Stat. (1991); Schnurmacher Holding, Inc
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
that the arbitrators exceeded their powers. See: §
682.13(1)(c), Fla. Stat. (1975). Travelers may not raise
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1973 Fla. App. LEXIS 7639
appears to be settled that under the provisions of §
682.13(1)(e), Fla. Stat., F.S.A., an award of arbitration
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1973 Fla. App. LEXIS 8021
appellant. [4] Ch. 682, Fla. Stat., F.S.A. [5] §
682.13(1), Fla. Stat., F.S.A. provides for the following
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1992 WL 126558
present case exceeded his powers in violation of section
682.13(1)(c), Florida Statutes (1989). Appellee argued
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1995 WL 405274
that the arbitrators had "exceeded their powers." §
682.13(1)(c), Fla. Stat. (1993). But the amount of the
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 18610
award within the 90-day time period set out in §
682.13, Florida Statutes (1981). We accordingly directed
CopyCited 4 times | Published | District Court, M.D. Florida | 113 L.R.R.M. (BNA) 2522, 1982 U.S. Dist. LEXIS 13613
actions to vacate arbitration awards. See Fla.Stat. §
682.13. This approach has not been adopted by this court
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1999 WL 110691
arbitration award only upon the grounds stated in section
682.13:
682.13 Vacating an award. (1) Upon application
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2001 WL 193744
modify, correct, or vacate it under either section
682.13 or section
682.14, and the relevant section
CopyCited 2 times | Published | Florida 4th District Court of Appeal
arbitration hearing without raising the objection." Section
682.13(1)(e), Florida Statutes (1981). The latter
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1991 WL 240088
Ed.2d 1424, 1428 (1960). On the authority of section
682.13(1)(c) or
682.14(1)(b), Florida Statutes (1989)
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2001 WL 1436287
justify vacating the arbitration award under section
682.13, Florida Statutes (1999), we affirm. I. "Whether
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
merits of the controversy which it may not do. See §
682.13, Fla. Stat., F.S.A. and Bankers & Shippers Insurance
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1993 WL 152515
to vacate the arbitration award pursuant to Section
682.13, Florida Statutes (1991). The motion to vacate
CopyCited 2 times | Published | Florida 1st District Court of Appeal
decision is limited to the grounds set forth in section
682.13(1), Florida Statutes. Schnurmacher Holding
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 11399
provisions. However, there are cases interpreting section
682.13 which hold that the partiality of an arbitrator
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 465543
right to seek vacation of an award pursuant to section
682.13, Florida Statutes (2004), or to appeal an award
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 29 Educ. L. Rep. 900
raise ... the defense made available to it in Section
682.13(1)(e),"[1] because the teachers "did submit
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1994 WL 440757
final and conclusive judgment. In addition, section
682.13(1)(e), Florida Statutes (1993), expressly provides
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit
confirm the award." (quoting Fla. Stat. §
682.13 )); Computer Task Grp. ,
CopyCited 1 times | Published | Florida 4th District Court of Appeal
gone through arbitration. VNA contends that section
682.13(1), Florida Statutes (2009) provides a list
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1990 WL 142512
arbitrators exceeded their statutory powers under section
682.13(1)(c), Florida Statutes (1987), we reverse
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 9 Fla. L. Weekly 2106, 1984 Fla. App. LEXIS 15300
prejudice which satisfies the requirements of section
682.13(1)(d), Florida Statutes (1981), which would
CopyCited 1 times | Published | Supreme Court of Florida | 2014 WL 6463506
The district court then acknowledged that section
682.13(1), Florida Statutes (2009), clearly does not
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2006 WL 1288601
vacate an award. 9 U.S.C.A. § 10(a)(1)-(4). Section
682.13, Florida Statutes, recognizes essentially the
CopyCited 1 times | Published | District Court, S.D. Florida
modify or clarify an award pursuant to §
682.13. Section
682.13 allows the Court to vacate an award upon
CopyCited 1 times | Published | District Court, M.D. Florida | 1982 U.S. Dist. LEXIS 13088
actions to vacate arbitration awards. Fla.Stat. §
682.13(2) (1981). Plaintiff maintains, however, that
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2003 WL 21554924
itself of the statutory procedure for making it. Section
682.13(1)(e), Florida Statutes, requires a court to
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1992 WL 5996
with a motion to vacate the award pursuant to section
682.13(1)(d), Florida Statutes (1989), which in pertinent
CopyCited 1 times | Published | Florida 1st District Court of Appeal
of a party to the arbitration proceeding. §
682.13(1)(a)-(f), Fla. Stat. In the absence of
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1987 WL 2128
contract nor moved to vacate the award pursuant to section
682.13 Florida Statutes (1985), the award of damages
CopyCited 1 times | Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19075
that found in the general arbitration statute. §
682.13, Florida Statutes. If the latter suggestion were
CopyCited 1 times | Published | Florida 4th District Court of Appeal
prejudicing the rights of any party ...." [e.s.] §
682.13(1), Fla. Stat. (2005). The client doctors based
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2015 WL 1810318
within the 90-day statutory period, pursuant to section
682.13(2), Florida Statutes (2013). The'trial court
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 13468
...at 463-64.
The sections of the FAC and FAA relevant to the determination of this appeal,
9
parties correctly agree that the pre-2013 version of the statute applies because the
contract at issue was drafted and signed in 2009. See § 682.013, Fla....
CopyPublished | Florida 3rd District Court of Appeal
evidence and questions of law de novo. Id. Section
682.13(1), Florida Statutes, sets forth the only grounds
CopyPublished | Florida 4th District Court of Appeal
limited and specifically enumerated situations. §
682.13, Fla. Stat. Those situations include an arbitration
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2205, 1985 Fla. App. LEXIS 15978
failure to move timely to vacate the award, see §
682.13, Fla.Stat. (1983), does not preclude the defendants
CopyPublished | Florida 1st District Court of Appeal | 9 Fla. L. Weekly 1938, 1984 Fla. App. LEXIS 14970
vacated pursuant to section
682.13(l)(c), Florida Statutes (1983).3 Section
682.13(3) provides: In vacating
CopyPublished | District Court of Appeal of Florida
grounds argued for reversal are insufficient. See §
682.13(2), Fla.Stat., F.S.A., and Sydney Paper Co. v
CopyPublished | Florida 4th District Court of Appeal | 2017 WL 4417735
award, one of the statutory grounds listed in section
682.13(1), Florida Statutes (2015), must be present
CopyPublished | Florida 1st District Court of Appeal
jointly. Robinson and Lundquist, pursuant to Section
682.13, Florida Statutes (1977), moved to vacate the
CopyPublished | Florida 4th District Court of Appeal
arbitration award can be vacated is governed by section
682.13(1)(d), Florida Statutes (2016), 1 which states
CopyPublished | District Court of Appeal of Florida | 2 Educ. L. Rep. 621, 1981 Fla. App. LEXIS 21301
SMITH, Jr., C. J., and THOMPSON, J., concur. . Section
682.13 provides, in pertinent part: —Vacating an award
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 5584237, 2013 Fla. App. LEXIS 16284
...hether an enforceable arbitration agreement exists the court shall proceed "summarily to decide the issue.” §
682.03(l)(b) & (2), Fla. Stat. (2013). The revised code "governs an agreement to arbitrate made on or after July 1, 2013.’,’ Id. §
682.013(1). It "does not affect an action or proceeding commenced or right accrued before July 1, 2013”, id. §
682.013(3), though— until 2016 — all parties to an agreement may agree to the revised code; if they do not, their "agreements shall be governed by the applicable law existing at the time the parties entered into the agreement.” Id. §
682.013(2)....
CopyPublished | Florida 2nd District Court of Appeal
however, would not be wholly unreviewable. See §
682.13, Fla. Stat. (2016) (setting forth grounds for
CopyPublished | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 16265
justify vacating the arbitration award under section
682.13, Florida Statutes (1999), we affirm. I. “Whether
CopyPublished | Florida 3rd District Court of Appeal
arbitrator exceeded the arbitrator’s powers[.]” §
682.13(1)(d), Fla. Stat. (2022). Florida courts interpret
CopyPublished | District Court of Appeal of Florida | 113 L.R.R.M. (BNA) 3206, 1982 Fla. App. LEXIS 19695
within the 90 day limitations period provided by section
682.13, Florida Statutes (1981), a provision of the
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 3207, 26 Fla. L. Weekly Fed. D 738
showing, the award cannot be vacated under section
682.13(l)(c). 542 So.2d at 1329. We find that the
CopyPublished | Florida 4th District Court of Appeal | 2001 WL 1577073
misconduct prejudicing the rights of any party." §
682.13(1)(b), Fla. Stat. (2000). This section requires
CopyPublished | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 736, 1987 Fla. App. LEXIS 12039
subject to being vacated, as urged, under Section 682.-13(1)(c), Florida Statutes (1985). We have not
CopyPublished | Florida 3rd District Court of Appeal
to vacate in the circuit court pursuant to section
682.13(1)(d), Florida Statutes, claiming the Arbitrator
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20387
as was the posture of Lake County, supra. Section
682.13(l)(c), Fla.Stat. (1979). Appellee bargained
CopyPublished | Court of Appeals for the Eleventh Circuit | 32 Fair Empl. Prac. Cas. (BNA) 346, 1983 U.S. App. LEXIS 26428, 32 Empl. Prac. Dec. (CCH) 33, 712
by the Florida Arbitration Code, Fla.Stat.Ann. §
682.13 (West Supp.1983), for petitions to vacate arbitration
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 1982 Bankr. LEXIS 3902
682 of the Florida Statutes. Florida Statutes §
682.13(1) sets forth quite specifically the grounds for
CopyPublished | Florida 3rd District Court of Appeal
of the party to the arbitration proceeding.” §
682.13(1)(b)3., Fla. Stat. “Although an arbitrator need
CopyPublished | Florida 4th District Court of Appeal
the arbitrator exceeded his powers. Because section
682.13, Florida Statutes (2019), requires a court
CopyPublished | Florida 4th District Court of Appeal
award, one of the statutory grounds listed in section
682.13(1), Florida Statutes (2015), must be present
CopyPublished | Supreme Court of Florida
The district court then acknowledged that section
682.13(1), Florida Statutes (2009), clearly does not
CopyPublished | Florida 2nd District Court of Appeal | 1982 Fla. App. LEXIS 18966
discussion is whether the appellee complied with §
682.13 Fla.Stat.1 The appellee argues that Rule of Civil
CopyPublished | Florida 3rd District Court of Appeal
CopyPublished | Florida 3rd District Court of Appeal
after the movant receives notice of the award[.]” §
682.13(2), Fla. Stat. (2022). If a party moves to vacate
CopyPublished | Florida 4th District Court of Appeal
the Board moved to vacate the award under section
682.13, Florida Statutes (2022), and argued the ordered
CopyPublished | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 467, 1986 Fla. App. LEXIS 6467
partiality on the part of the neutral arbitrator. §
682.13, Fla.Stat. (1983). Under these circumstances,
CopyPublished | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 1372, 25 Fla. L. Weekly Fed. D 409
prejudice substantially the rights of a party. §
682.13(1)(d), Fla.Stat. (1997). Based upon our careful
CopyPublished | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 20460, 2014 WL 7150482
...2d 900, 903-04 (Fla. 4th
DCA 2004). As this agreement is a franchise agreement between a Texas
1The statute was amended effective July 1, 2013. However, the 2010 version
applies because appellee’s complaint alleges he purchased the franchise in May
2010. See § 682.013(2), Fla....
CopyPublished | Florida 4th District Court of Appeal
by corruption, fraud, or other undue means[.]” §
682.13(2), Fla. Stat. (2022). If one of these statutory
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17318
Subsequently, pursuant to the provisions of Section
682.13(l)(c), Florida Statutes (1979), the appellees
CopyPublished | Florida 3rd District Court of Appeal
the parties to the arbitration proceeding.”); §
682.13(1)(d), Fla. Stat. (2021) (“Upon motion of a party
CopyPublished | Florida 2nd District Court of Appeal
have set aside the arbitrator's award. Section
682.13 sets forth substantive and procedural requirements