Florida/Georgia Personal Injury & Workers Compensation

...tors: evident partiality; misconduct in refusing to hear evidence; manifest disregard of the law; and procedural misconduct. They moved to modify the award based on a miscalculation of costs. 3 . The Baltins’ suit was based, in the alternative, on section 682.10 of the Florida Arbitration Code, Fla. Slat. Ann. § 682.10....

...104-317, § 205 (a), 110 Stat. 3847 , 3850, the amount in controversy requirement for diversity jurisdiction under 28 U.S.C. § 1332 (a) increased from $50,000 to $75,000 on January 17, 1997. 18 . The Baltins' suit was based, in the alternative, on section 682.10 of the Florida Arbitration Code, Fla. Stat. Ann. § 682.10 ....

...r reconsideration with all members signing February 23, 1973 Lopez moves to vacate arbitration award June 18, 1973 Court denies Lopez's motion to vacate as being untimely and confirms arbitration award The Florida Arbitration Code provides in part: "682.10 Change of award by arbitrators or umpire....

...provides that upon application of a party within ninety days of an arbitration award, the court shall vacate the award when certain specified circumstances are shown. Lopez contends that its request for reconsideration was an application for modification under F.S. 682.10, F.S.A., which, until acted upon, would have the effect of tolling the time for moving to vacate the award....

...ion for rehearing prevents a final judgment from becoming "rendered" until it is disposed of. The argument must be rejected for two reasons. First, the request for reconsideration could not be considered a proper application for modification under F.S. 682.10, F.S.A., because the grounds asserted in the request were substantive and not within the scope of those permitted in the statute as grounds for an application for modification....

...re, 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. * * *" Section 682.10 provides that written notice of change in an award must be given the other party and such notice shall direct such other party to serve his objections thereto within ten days from date of notice....

...nullity, as mere waste paper. The situation is the same as if there had been no adjudication." For the foregoing reasons, I think the circuit court was correct in reversing the small claims court in this case, and I therefore dissent. NOTES [1] F.S. § 682.10, F.S.A....

...shes pertinent time rules applicable when seeking correction. See Chatfield Dean & Co. v. Kesler, 818 So.2d 572 (Fla. 2d DCA 2002). An arbitrator may modify, correct, or clarify an award on application made within twenty days after its delivery. See § 682.10, Fla....

...A party may make application to the trial court to vacate, modify or correct an award within ninety days after delivery. See §§ 682.13-.14. Thus, a party desiring changes to the arbitration award is required to seek timely modification or clarification from either the arbitrator, pursuant to section 682.10, or the court, pursuant to sections 682.13 or 682.14; otherwise, the award becomes ripe for confirmation....

...See Lopez & Roque Tile Co. v. Clearwater Dev. Corp., 291 So.2d 126 (Fla. 2d DCA 1974). In the instant case, the arbitrator failed to state the basis upon which the award *605 was granted. Appellees moved to have the arbitrator clarify the award under section 682.10 to state which party prevailed for purposes of attorney's fees....

...Thus, he sustained the grievance with respect to Schwartz’s and Alexander’s bumping rights. On August 28, 2013, the union sent a letter to the arbitrator, requesting what it described as a “clarification” of the award. The arbitrator interpreted this request as being made under Section 682.10 of the Florida Statutes, which provides, inter alia, that an arbitrator may “clarify” his award if either party asks for it....

...The union claims it only asked the arbitrator to clarify (not reconsider) his initial ruling. The company insists that is “just a matter of semantics.” We note that requests for clarification are very common in the arbitration context. See Fla. Stat. § 682.10(1) (“On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award: ....

...le) The award is imperfect as a matter of form, not affecting the merits of the controversy. (2) If the application is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the court shall confirm the award as made. . Section 682.10, Florida Statutes (2012), also provides that upon the modification or correction of an award by an arbitrator or umpire, the award is subject to the same provisions. § 682.10, Fla....

...Moser galvanized both parties into action. NationsBanc filed a motion asking the trial court to reconsider, in light of Moser, its earlier finding of entitlement; the Arons requested the circuit court to remand the cause to the NASD panel for clarification pursuant to section 682.10, Florida Statutes (1995), to clarify whether the panel had found liability based upon the statutory or common law claim....

...r reformed version, with the necessary basis stated to ground an attorney's fee award. Unfortunately, their request to alter the original award was untimely, regardless of whether they labeled it a motion to confirm the award, or to clarify it under section 682.10. Section 682.10 provides: 682.10 Change of award by arbitrators or umpire....

...A party to an arbitration proceeding who wishes to enforce an award, but not exactly how it is written, may seek either *884 modification or clarification from the panel. [4] In the former instance, section 682.14 sets the time limit at ninety days. In the latter instance, section 682.10 sets it at twenty days after delivery of the award to the applicant. The Arons were proceeding under section 682.10 and, thus, did not make a timely application. They would have us read sections 682.12 and 682.10 in conjunction to mean that an application to confirm an award, made years later, would allow them twenty additional days to seek clarification....

...682.14. [4] Because the dispositive issue in this case is the timeliness of the Arons' motion under the circumstances presented here, we make no comment on whether Moser forecloses a party from seeking clarification from the arbitration panel under section 682.10 in a timely motion to state the basis upon which a party prevailed, so that an award of attorney's fees may or may not be authorized.

...In so doing, this court stated: A party to an arbitration proceeding who wishes to enforce an award, but not exactly how it is written, may seek either modification or clarification from the panel. In the former instance, section 682.14 [Florida Statutes (1995) ] sets the time limit at ninety days. In the latter instance, section 682.10 [Florida Statutes (1995) ] sets it at twenty days after delivery of the award to the applicant....

...quired correction or clarification. Kesler made neither a timely motion to modify or correct the arbitration award pursuant to section 682.14, Florida Statutes (1995), nor a timely application to the circuit court to seek a clarification pursuant to section 682.10, Florida Statutes (1995)....

...Here, however, the award is patently ambiguous, thereby precluding the trial court from rendering meaningful consideration of the motion to vacate the award. The trial court, therefore, should have remanded the matter to the arbitrator for clarification, § 682.10, Fla....

...Because we find the language to be unambiguous, there is no need to consider the use of parol evidence or referral to the arbitrator for clarification. Further, neither party sought clarification of this provision within the statutory time frames of the arbitration statute. Such clarification is no longer an option. See § 682.10, Fla....

...award" upon application of a party to the arbitration, unless an insurer moves to vacate, modify or clarify an award pursuant to § 682.13. Section 682.13 allows the Court to vacate an award upon certain conditions not applicable to the case at bar. Section 682.10 permits an arbitrator to change an award upon certain specified conditions. Section 682.10 states as follows: (1) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award: (a) Upon a ground stated in s....

...Nonetheless, Florida courts apply the procedures provided by the Arbitration Code to the confirmation process of an appraisal award. See Three Palms Pointe, Inc. v. State Farm Fire & Cas. Co., 250 F.Supp.2d 1357 , 1361-62 (M.D. Fla. 2003) (emphasis supplied). Florida Statute § 682.10 provides that upon motion an arbitrator may modify or correct an award where "the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding" or to "clarify the award." Fla. Stat. § 682.10 ....

...2015), supports the conclusion that the umpire exceeded his power by issuing a substituted award. "[O]nce an arbitrator has issued a final award and thus discharged his or her office, the arbitrator lacks any continuing power to revise the award or issue a new one." Id. at 1245 . Section 682.10(b) permits a change of award where the arbitrator has not made a final and definite award upon a motion submitted by the parties to the arbitration proceeding....

...ty prevailed is per se inadequate and subject to correction. See Moser v. Barron Chase Sec., Inc., 783 So.2d 231, 237 (Fla. 2001). The arbitrator may modify, correct, or clarify an award on application made within twenty days after its delivery. See § 682.10, Fla....

...She had three opportunities to seek modification or clarification of the award. A-1 Duran Roofing, Inc. v. Select Contracting, Inc., 865 So.2d 601, 604 (Fla. 4th DCA 2004) ("[A] party desiring changes to the arbitration award is required to seek timely modification or clarification from either the arbitrator, pursuant to section 682.10, or the court, pursuant to sections 682.13 or 682.14...."). She filed a timely motion to correct the award in which she asked the arbitrator to award her prevailing party fees and costs. § 682.10, Fla....

matter back to the arbitrator, pursuant to Section 682.10, Florida Statutes (1979), for correction or

...§ 11 ("In either of the following cases the United States court in and for the district wherein the award was made may make an order modifying or correcting the award upon the application of any party to the arbitration...."). 3 The Baltins' suit was based, in the alternative, on section 682.10 of the Florida Arbitration Code, Fla. Stat. Ann. § 682.10. 4 The circuits are split on the issue of whether the district court where an arbitration award was made has exclusive or permissive authority to adjudicate an action to vacate, modify or correct the award....

...on which relief could be granted, see Fed.R.Civ.P. 12(b)(6), but where the district court had dismissed action improperly for lack of subject matter jurisdiction). AFFIRMED 18 The Baltins' suit was based, in the alternative, on section 682.10 of the Florida Arbitration Code, Fla. Stat. Ann. § 682.10....

...However, there is no procedure under the rules of arbitration for requests for reconsideration. See §§ 682.01-.22, Fla. Stat. (2000); Lopez & Roque Tile Co. v. Clearwater Dev. Corp., 291 So.2d 126, 127-28 (Fla. 2d DCA 1974). The letter also could not be considered a proper application for modification under section 682.10....

...osts where the costs issue had not been previously submitted to the arbitrator by the trial court). "[A] party desiring changes to the arbitration award is required to seek timely modification or clarification from either the arbitrator, pursuant to section 682.10, or the court, pursuant to sections 682.13 or 682.14; otherwise, the award becomes ripe for confirmation." A-1 Duran Roofing, Inc....

...§ 359.4 (2011).1 Upon motion to confirm and enforce the arbitration award, the trial court entered the final judgment confirming payment but did not include the condition of approval. Because the trial court did not modify or correct the award pursuant to section 682.10 or section 682.14, Florida Statutes, or vacate the award pursuant to 1 On or about March 26, 2009, the OCC determined that Florida Capital was in a “troubled condition,” as is defined by section 303.101(c), Code of Federal Regulations....

...After a party to an arbitration proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected pursuant to s. 682.10 or s....

...Nor does her status as a party in her individual capacity serve to broaden the definition of “VP Entities” beyond the language used in the settlement agreement and adopted by the arbitration award. arbitrator to modify or correct an arbitration award. § 682.10, Fla....