CopyCited 17 times | Published | Supreme Court of Florida | 2002 WL 31769266
...Neither the trial court nor the Third District in Suarez found the appraisal clause in the homeowner's policy to be ambiguous, nor do we find any ambiguity in the clause. It is clear from a plain reading of the clause that an informal appraisal proceeding, not a formal arbitration hearing pursuant to section 682.06, Florida Statutes (1999), was intended and agreed upon by the parties in agreeing to the appraisal provisions of the policy....
CopyCited 15 times | Published | Florida 3rd District Court of Appeal | 2013 WL 3455604, 2013 Fla. App. LEXIS 10974
...These safeguards are codified in substantial part in the Florida Arbitration Code. §§
682.01-22, Fla. Stat. (2012). Under the Florida Arbitration Code, each party is entitled to a full hearing in the presence of every other party, unless such right is waived by agreement or conduct. §
682.06, Fla....
...in issue. Tassinari,
189 So.2d at 652 . The Arbitration Code guarantees to each party not only the right to notice of each hearing session, but also the right to counsel, the opportunity to present evidence, and the right to cross-examine witnesses. §
682.06; Cassara,
55 So.2d at 106 . Finally, unlike appraisal, the arbitration panel may adjudge the case only on what is presented to them in the course of the proceeding. §
682.06; Cassara,
55 So.2d at 106 ; see also 4 Am.Jur.2d Alternate Dispute Resolution § 3....
CopyCited 12 times | Published | Florida 5th District Court of Appeal
...It is true, as American asserts, that in arbitration proceedings, persons whose rights are affected have a right to be heard and to present evidence after reasonable notice. Cassara v. Wofford,
55 So.2d 102, 106 (Fla. 1951). See also Tassinari v. Loyer,
189 So.2d 651 (Fla. 2d DCA 1966); §
682.06 Fla....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...s or the umpire in the course of his jurisdiction refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of §
682.06, as to prejudice substantially the rights of a party; or (e) There was no agreement or provision for arbitration subject to this law, unless the matter was determined in proceedings under §
682.03 and unless the party participated in the a...
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1988 WL 115379
...erlooked. Section
682.13(1)(d), Florida Statutes, provides that the court may vacate an arbitration award when the arbitrators "refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of section
682.06, as to prejudice substantially the rights of the party." Section
682.06(2) provides that the parties are entitled "to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing." Section
682.13(2) provides that an application for vacation of the award must be made within 90 days of delivery of the award....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2001 WL 609205
...Allstate sought a formal hearing under Florida's Arbitration Code. The Florida Arbitration Code provides that "[u]nless otherwise provided by the agreement ... (2)[t]he parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing." See § 682.06, Fla....
...ppraiser individually, not a trial-type hearing. Id. at 588-89. (citations omitted) (emphasis omitted). We find the reasoning in Hernandez to be persuasive. To hold otherwise would transgress the fundamental nature of an appraisal hearing. Moreover, section 682.06 applies "[u]nless otherwise provided by the agreement." Here, as in Hernandez, the agreement specifically provides for an appraisal....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1973 Fla. App. LEXIS 8034
...s or the umpire in the course of his jurisdiction refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of §
682.06, as to prejudice substantially the rights of a party; or "(e) There was no agreement or provision for arbitration subject to this law, unless the matter was determined in proceedings under §
682.03 and unless the party participated in the...
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...SPECTOR, J., concurs. JOHNSON, J., dissents. JOHNSON, Judge (dissenting): I cannot agree with the majority opinion in this case for the reasons that I believe a failure, on the part of the arbitrators, to follow the statute renders the award void ab initio. Section 682.06(3) provides: "The hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...r modify the award. Although the fact that the award is not supported by substantial evidence is not specifically listed as an appropriate ground for vacating an award, the fact that the arbitrator conducted the hearing contrary to the provisions of section 682.06 and prejudiced the rights of a party is specifically listed. Section 682.06 provides that the arbitrators shall decide the case "on the evidence produced." Since the legislature has mandated an evidentiary hearing in arbitration cases, it is inconceivable that if the arbitrator was to make an award without evidentiary support that it would be upheld by the court....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1973 Fla. App. LEXIS 8021
...s or the umpire in the course of his jurisdiction refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of §
682.06, as to prejudice substantially the rights of a party; or "(e) There was no agreement or provision for arbitration subject to this law, unless the matter was determined in proceedings under §
682.03 and unless the party participated in the...
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...Jahncke Service, Inc.,
147 So.2d 247 (La. App. 4th, 1962); Phillips, A Lawyer's Approach to Commercial Arbitration, 44 Yale L.J. 31, 47 (1934). The Florida Arbitration Code, by its unexplained reference to "an arbitrator appointed as a neutral" [§
682.13(1)(b), see also §
682.06(3), F.S....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2012 WL 1108437, 2012 Fla. App. LEXIS 5185
...See LeNeve v. Via South Florida, LLC,
908 So.2d 530, 534 (Fla. 4th DCA 2005). One such statutory ground is where the arbitrator “refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of s.
682.06, as to prejudice substantially the rights of a party.” §
682.13(l)(d), Fla....
...ng are entitled to notice and an opportunity to be heard.”). Florida’s Arbitration Code states that unless otherwise provided by the agreement or provision for arbitration, the arbitrator shall appoint a time and place for the hearing, *1194 see § 682.06(l)(a), Fla. Stat. (2008), where “[t]he parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing,” see § 682.06(2), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 11572, 2011 WL 3055397
...f any party; (c) the arbitrators exceeded their powers; (d) the arbitrators refused to postpone the hearing when sufficient cause was shown, refused to hear evidence material to the controversy, or conducted the hearing contrary to the provisions of section 682.06 (regarding notice and entitlement to present evidence); or (e) there was no agreement or provision for arbitration....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 19530, 2011 WL 6057875
...Suarez,
838 So.2d 762, 765-66 (Fla.2002) (holding that appraisal provision in homeowner’s policy, which is materially similar to appraisal clause in the instant ease, required an “informal appraisal proceeding, not a formal arbitration hearing pursuant to section
682.06, Florida Statutes” of the Arbitration Code, and therefore, umpire properly refused to “proceed under the formal procedures of the Arbitration Code”); Citizens Prop....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 5312, 2007 WL 1062974
...(d) The arbitrators or the umpire in the course of her or his jurisdiction refused to postpone the hearing upon sufficient cause being shown therefore or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of s. 682.06, as to prejudice substantially the rights of a party....
...The trial judge modified the portion of the arbitration award that imposed personal liability on Marcelino and found that CareMed was the only party liable for the award in the Distribution Case. . The Defendants’ claim that the arbitrator conducted the hearing in contravention of section 682.06(2), Florida Statutes (2005), which requires the parties to be heard, present evidence, and cross-examine witnesses, is without merit....
...It is evident from the record that the Defendants were afforded ample opportunity at the hearings to present their case and to cross-examine all of the witnesses who testified. After reviewing the record, we find that the hearings were held in accordance with section 682.06 and the Defendants' rights were not substantially prejudiced....
CopyPublished | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 14718, 2009 WL 3149098
...ors or the umpire in the course of her or his jurisdiction refused to postpone the hearing upon sufficient cause being shown or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of section
682.06, as to prejudice substantially the rights of a party; (e) there was no agreement or provision for arbitration subject to this law, unless the matter was determined in a proceeding under section
682.03, and unless the party participated in the arbitration hearing without raising the objection....
CopyPublished | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 16874, 2009 WL 3786537
...AFSCME concedes that subsections
682.13(1)(c) and (d), Florida Statutes (2007), provide that the court shall vacate an award when the "arbitrators or the umpire in the course of her or his jurisdiction exceeded their powers" or "otherwise so conducted the hearing, contrary to the provisions of s.
682.06, as to prejudice substantially the rights of a party." But in Florida, they point out, "the standard of judicial review applicable to challenges of an arbitration award is very limited, with a high degree of conclusiveness attaching to an arbitration award." Applewhite v....
...tate Group Insurance (DSGI). On appeal, DMS argues similarly that the final arbitration award should not be confirmed because DMS/DSGI was not provided notice or an opportunity to participate in the arbitration proceedings, in purported violation of section 682.06(1)(a) Florida Statutes (2007), which requires service of "notification to the parties." We reject these arguments....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 1982 Bankr. LEXIS 3902
...(d) The arbitrators or the umpire in the course of his jurisdiction refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of § 682.06, as to prejudice substantially the rights of a party....
CopyPublished | Florida 3rd District Court of Appeal
...with sufficient particularity for a defense to be prepared.”).
While we are cognizant of arbitrators’ broad discretion to “conduct an
arbitration in such manner as the arbitrator considers appropriate for a fair
and expeditious disposition of the proceeding,” § 682.06(1), Fla....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 1802, 1984 Fla. App. LEXIS 14499
...Appellant relies upon Cassara v. Wofford,
55 So.2d 102, 106 (Fla.1951), for her position. Cassara , however, recognizes that one’s right to a hearing may be waived, “either in the agreement of submission or by conduct amounting to a waiver _” Id. at 106 . Moreover, Section
682.06, Florida Statutes, prescribing the arbitration procedure, which includes provisions for a hearing, recognizes that a hearing may be waived if such condition “is otherwise provided by the agreement or provision for arbitration....” As to appellant’s third point, we agree that Dr....
