CopyCited 29 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 260, 1995 Fla. LEXIS 954, 1995 WL 337998
...§
768.73(5). There is no provision for a remittitur or a jury in arbitration proceedings. A court need not be involved in determining the reasonableness of an award unless called upon by the parties to confirm, vacate, or modify or correct an award. See §§
682.12-.14, Fla....
...actions which would subject an award of punitive damages to the splitting provisions of the statute. We disagree. Proceedings to confirm an arbitration award are governed by chapter 682, Florida *473 Statutes (1991), the "Florida Arbitration Code." Section 682.12, Florida Statutes (1991), specifically provides that "[u]pon application of a party to the arbitration, the court shall confirm an award, unless ......
CopyCited 18 times | Published | Florida 2nd District Court of Appeal | 1976 Fla. App. LEXIS 15647
...ld the proceedings resulting in an award. Blood v. Shine,
2 Fla. 127 (1848); Knight v. H.S. Equities, Inc.,
280 So.2d 456 (Fla. 4th DCA 1973). Nevertheless, procedures do exist for confirming, vacating, or modifying arbitrator's awards. See Sections
682.12,
682.13, and
682.14, Florida Statutes (1975)....
...The order for arbitration should stay the judicial proceedings pending a determination ... Once the arbitration is completed, the trial court may on motion of either party dissolve the stay order and proceed to confirm, vacate, or modify the award in accordance with Sections 682.12-682.14, F.S....
...any Court having jurisdiction thereof. [2] This motion, entitled "Motion for Award of Attorneys Fees and for Entry of Judgment upon Arbitration Award," must be considered in part an application for confirmation of the arbitrator's award pursuant to § 682.12, Fla....
CopyCited 17 times | Published | Florida 4th District Court of Appeal
...the controversy submitted to arbitration (see Section
682.03(3)). Once the arbitration is completed, the trial court may on motion of either party dissolve the stay order and proceed to confirm, vacate or modify the award in accordance with Sections
682.12-682.14, F.S....
...ded by the court." We note that although McDaniel's motion was styled a "Motion for Final Judgment," the motion was essentially an application for confirmation of the arbitrator's award and for a judgment in conformity therewith pursuant to Sections
682.12 [3] and
682.15, Florida Statutes (1979)....
...tion then obtaining unless the parties mutually agree otherwise... . The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. [3] Fla. Stat. §
682.12: Upon application of a party to the arbitration, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in §§
682.13 and
682.14....
CopyCited 16 times | Published | Florida 3rd District Court of Appeal | 1970 Fla. App. LEXIS 6535
...Appellant denied appellees' claim for uninsured motorists' coverage. The matter was referred to an arbitrator, who made an award to appellees in the amount of $7300.00. The circuit court, upon the application of the appellee to confirm the award pursuant to § 682.12, Fla....
CopyCited 15 times | Published | Florida 4th District Court of Appeal | 2001 WL 946391
...have been validly implicated and not, as here, disclaimed by a prior agreement to arbitrate. We also point out that as a practical matter the arbitration process will offer the opportunity for judicial involvement in the partnership dissolution. FAC section
682.12 provides for confirmation of an arbitration award, and section
682.15 provides for the entry of judgment on a confirmed award....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2012 WL 4009774, 2012 Fla. App. LEXIS 15372
...The legal duty must be ministerial and not discretionary. A ministerial duty or act is one “where there is no room for the exercise of discretion, and the performance being required is directed by law.” See Town of Manalapan v. Rechler,
674 So.2d 789, 790 (Fla. 4th DCA 1996) (citation omitted). Section
682.12, Florida Statutes (2011), provides: Upon application of a party to the arbitration, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in ss.
682.13 and 682.1k. The language of section
682.12 is mandatory. See SEIU Fla. Pub. Servs. Union, CTW, CLC v. City of Boynton Beach,
89 So.3d 960 (Fla. 4th DCA 2012) (“The language of section
682.12 is mandatory — the court must confirm the arbitration award unless a motion to vacate or modify has been filed within ninety days of delivery of the award.”)....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1974 Fla. App. LEXIS 7873
...e as being untimely and confirms arbitration award The Florida Arbitration Code provides in part: "682.10 Change of award by arbitrators or umpire. On application of a party to the arbitration, or if an application to the court is pending under §§
682.12,
682.13 or
682.14, on submission to the arbitrators, or to the umpire in the case of an umpire's award, by the court under such conditions as the court may order, the arbitrators or umpire may modify or correct the award upon the grounds stated in §
682.14(1)(a) and (c) or for the purpose of clarifying the award....
...Written notice thereof shall be given forthwith to the other party to the arbitration, stating that he must serve his objections thereto, if any, within ten days from the notice. The award so modified or corrected is subject to the provisions of §§ 682.12-682.14. * * * * * * "682.12 Confirmation of an award....
...ng the time for moving the court to vacate an award pending an application for modification before the arbitration board. Since Lopez failed to move to vacate the award within ninety days of July 25, 1972, the award was ripe for confirmation under F.S. 682.12, F.S.A....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 1442, 2010 WL 476663
...m designed to apply to binding arbitration. This is not a case where the trial court can enter an order compelling arbitration pursuant to section
682.03 and then wait to see whether it will be called upon to confirm the binding decision pursuant to section
682.12....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1997 WL 770686
...have been validly implicated and not, as here, disclaimed by a prior agreement to arbitrate. We also point out that as a practical matter the arbitration process will offer the opportunity for judicial involvement in the partnership dissolution. FAC section
682.12 provides for confirmation of an arbitration award, [3] and section
682.15 provides for the entry of judgment on a confirmed award....
...682; provided, however, that notwithstanding such rules then in effect, (I) the Florida Rules of Evidence shall be controlling and (ii) the parties shall have the right to employ all types of discovery available under the Florida Rules of Civil Procedure ...." [e.o.] [2] Chapter 620, Florida Statutes (1995). [3] § 682.12, Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1993 WL 538928
...NOTES [1] The arbitrators ordered Danis to pay $214,575 immediately and $68,293 when Orange County released these funds to Danis. According to appellants, Danis never disputed its obligation to pay the $68,293 amount but disputed the timing of the payment. [2] See § 682.12, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1989 WL 113881
...s of each party. We conclude that the trial court erred in confirming an interim ruling as an "award." See State ex rel. Gaines Construction Co. v. Pearson,
154 So.2d 833 (Fla. 1963) (arbitration awards should not be confirmed in piecemeal fashion). Section
682.12, Florida Statutes, provides:
682.12....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 6911, 2002 WL 1021367
...judgment entered on that order. We affirm. "Upon application of a party to the arbitration, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award ...." § 682.12, Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2004 WL 741429
...Opinion filed April 8, 2004. Richard A. Stephens, Boca Raton, for Appellant/Cross-Appellee. William T. Kirtley of William T. Kirtley, P.A., Sarasota, for Appellees/Cross-Appellants. PER CURIAM. Appellant sought to confirm an arbitration award pursuant to section 682.12, Florida Statutes (2002)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 33 Fla. L. Weekly Fed. D 2373
...e under chapter 682, Florida Statutes." In this case, the former husband is making the argument that section
44.104(14) is jurisdictional. As such, he argues that a violation of this statute may be raised outside of the ninety-day time constraint of section
682.12(2)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...We conclude, further, that the trial court did not err in denying appellants' motion to dismiss, for lack of subject matter jurisdiction, appellees' motion for confirmation of the arbitration award. Appellees' motion to confirm the award was made pursuant to the Florida Arbitration Code, section 682.12 of which provides for confirmation of awards "[u]pon application of a party to the arbitration," unless a timely motion to vacate, modify or correct the award has been filed....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...On January 18, 1974, the plaintiff filed a complaint against Travelers in the Circuit Court for the Eleventh Judicial Circuit of Florida. Various causes of action sounding in tort and contract were alleged. In count V the plaintiff prayed that the $125,000 arbitration award against Travelers be confirmed pursuant to Section 682.12, Florida Statutes (1975)....
...If an appropriate motion to vacate, modify or correct the award is not filed within the applicable time periods, the court has no alternative but to confirm the arbitration award. Carter v. State Farm Mutual Automobile Insurance Co.,
224 So.2d 802 (Fla.1st DCA 1969); §§
682.12,
682.13,
682.14, Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1992 Fla. App. LEXIS 2500, 1992 WL 45700
...sions set forth in section
682.13(3), Florida Statutes (1989). [1] Upon receipt of the arbitration award after rehearing, Fridman will be required to file a motion to confirm the award if no grounds exist to vacate, modify, or correct the award. See §
682.12, Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1973 Fla. App. LEXIS 7639
...The arbitration statute provides that litigation on disputes which have been agreed to be arbitrated should be stayed pending arbitration. §
682.03(3) Fla. Stat., F.S.A. The obtaining of an order confirming the award of the arbitrators was equally perfunctory. Section
682.12 Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2004 WL 86312
...An arbitrator may modify, correct, or clarify an award on application made within twenty days after its delivery. See §
682.10, Fla. Stat. (2000). The award so modified, corrected, or clarified is subject to the statutory provisions governing confirmation under section
682.12. See §
682.12, Fla....
...ses of attorney's fees. The modified or corrected order was issued, but still failed to state the theory upon which attorney's fees could be permitted. Duran thereafter moved for confirmation of the award, which was required by the trial court under section
682.12, unless a ground for modification or clarification was sought under section
682.14....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 3838, 2012 WL 751966
...The arbitrator entered a substantial damage award in favor of the Partners. They asked the trial court to confirm the arbitration award. See §
682.01, Fla. Stat. (2008) (providing that sections
682.01-.22 comprise the "Florida Arbitration Code"); §
682.12 (providing for confirmation of an award by court)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1978 Fla. App. LEXIS 16012
...Aetna Casualty and Surety Co. v. Enright,
258 So.2d 472 (Fla. 3d DCA 1972); Allstate Insurance Company v. Clendening,
289 So.2d 704, 709 (Fla. 1974); H.S. Equities, Inc. v. Hartford Accident & Indemnity Co.,
334 So.2d 573 (Fla. 1976). The Florida Arbitration Code, by Section
682.12, Florida Statutes (1975) provides that upon application by a party to the arbitration the court shall confirm an award, unless within the time limits imposed grounds are urged for vacating or modifying or correcting the award....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2013 WL 3455607, 2013 Fla. App. LEXIS 11051
...to the arbitration, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in ss.
682.13 and
682.14. §
682.12, Fla. Stat. (2012) (emphasis added). 3 See also Polley,
98 So.3d at 648 (stating that the language in section
682.12 is mandatory; granting writ of mandamus to confirm arbitration award where motion to set aside award failed to meet the statutory criteria set forth in section
682.13); accord SEIU Fla. Pub. Servs. Union, CTW, CLC v. City of Boynton Beach,
89 So.3d 960, 961 (Fla. 4th DCA 2012) (“The language of section
682.12 is mandatory-the court must confirm the arbitration award unless a motion to vacate or modify has been filed within ninety days of delivery of the award.”); Am....
...e trial court was required to confirm the Initial Award as modified by the Remand Order. Instead, the trial court entered its own unauthorized order finding Castro to be the prevailing party. The trial court’s action was in direct contravention of section 682.12....
...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. Stat. (2012) ("The award so modified or corrected is subject to the provisions of ss.
682.12-682.14.”).
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2001 WL 193744
...The arbitration panel denied the Arons' *882 claims for punitive damages and attorney's fees. Shortly thereafter, NationsBanc paid the award in full. Approximately eleven months later, on March 19, 1997, the Arons petitioned the circuit court to confirm the arbitration award under section 682.12, Florida Statutes (1995), [1] and to grant them attorney's fees....
...[2] NationsBanc timely appealed, raising four issues. We address only the timeliness issue as we find it dispositive of the case. The Florida Arbitration Code, chapter 682, Florida Statutes (1995), establishes the pertinent time rules to be applied in this matter. Section 682.12 authorizes a court to confirm an arbitration award upon application by a party but does not specify a time limit within which to seek such confirmation....
...However, when grounds are asserted to vacate, modify, or correct the award, the statute directs *883 that the time limits set forth in sections
682.13 or
682.14 must be followed. [3] The Arons contend that inasmuch as they sought to confirm their award under section
682.12, not to modify, correct, or vacate it under either section
682.13 or section
682.14, and the relevant section is silent as to a time period requirement within which to confirm an award, the general, catch-all four-year statute of limit...
...beled 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. On application of a party to the arbitration, or if an application to the court is pending under s.
682.12, s....
...nt. Written notice thereof shall be given forthwith to the other party to the arbitration, stating that he must serve his objections thereto, if any, within 10 days from the notice. The award so modified or corrected is subject to the provisions of ss. 682.12-682.14....
...[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....
...For these reasons, we decline to adopt the interpretation suggested by the Arons. Cf. Chatfield Dean & Co., Inc. v. Kesler,
749 So.2d 542 (Fla. 2d DCA), review granted,
767 So.2d 458 (Fla.2000) Reversed with instructions to strike the award of attorney's fees. BLUE, A.C.J., and GREEN, J., concur. NOTES [1] Section
682.12, Florida Statutes (1995), provides: Confirmation of an award....
...made within 90 days after such grounds are known or should have been known. No one contends in this case that the award should be vacated on the grounds of corruption, fraud, or undue means. Section
682.14 is the other statutory section mentioned in section
682.12, the section for confirming an award and under which the Arons were attempting to place themselves....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1993 WL 524110
...lorida Statutes, therefore, the *284 circuit court had no jurisdiction. The trial court entered a final judgment on 19 May 1993 and denied Moya's motion. This timely appeal followed. The sole issue is whether the trial court has any discretion under section 682.12, Florida Statutes, [2] when an application is made by a party to the circuit court to confirm an arbitrator's award....
...COBB and W. SHARP, JJ., concur. NOTES [1] The motion for modification of the arbitrator's award was withdrawn by Moya before the hearing began and the only issue before the court was the motion for entry of judgment confirming the arbitrator's award. [2] Section
682.12, Florida Statutes, provides that upon application of a party to arbitration, the court "shall" confirm an award, unless within the time limits herein after imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in §§
682.13 and
682.14....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 19308, 2006 WL 3327079
...easonable attorneys' fees. [2] On January 4, 2005, the arbitration award was issued in favor of Martin, which was declared to be the prevailing party. On January 6, 2005, Martin moved to confirm the arbitration award in the circuit court pursuant to section 682.12, Florida Statutes (2005), and sought entry of a final judgment with a reservation of jurisdiction to award attorneys' fees and costs....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 7691, 2006 WL 1330203
...ne that Murton presented by at the hearing. AAA affirmed the award in a written response. FF moved the trial court to vacate the arbitration award pursuant to section
682.13, Florida Statutes (2005), and Murton moved to confirm the award pursuant to section
682.12, Florida Statutes (2005)....
...d, finding that FF was prejudiced by the arbitrator's refusal to consider the second Thyssen affidavit which the trial court found to be material to the controversy. A trial court may only set aside an arbitration award upon the grounds set forth in section 682.12, Florida Statutes (2005)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1993 Fla. App. LEXIS 2493, 1993 WL 64757
...s court in and for the district within which such award was made. (Emphasis added.) TMSI responded to Salter's motion to dismiss by moving the court to take judicial notice of Chapter 682, Florida Statutes, the Florida Arbitration Code, particularly Section 682.12, Florida Statutes (1991)....
...nt provisions of the Florida Arbitration Code, Chapter 682, Florida Statutes. See, e.g., Trojan Horse, Inc. v. Lakeside Games,
526 So.2d 194 (Fla. 3d DCA 1988). Under the facts of the case at bar, the statutes at issue, 9 U.S.C.S. § 9, and Sections
682.12 and
682.19, Florida Statutes (1991), do not conflict....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 6907, 1991 WL 129743
...ly remedy in this situation is to reassign the individual back to his original position. That is not a usurpation of the School Board's or superintendent's power to make initial assignments. AFFIRMED. GOSHORN, C.J., and COWART, J., concur. NOTES [1] § 682.12, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 29 Educ. L. Rep. 900
...The contract in effect between the parties at this time was for the period July 1, 1982, through June 30, 1984, but it incorporated a salary schedule on which teachers' placements were carried over from earlier schedules. The order of the trial court now appealed is one denying a July 25, 1984, petition under § 682.12, Florida Statutes, for confirmation of the arbitration award of January 16, 1984....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3686093
...ed Jerue any consideration of the merits of these issues by either the trial court or the arbitrator. Finally, Jerue argues that his third complaint (2003-CA-4505) should be treated as a timely-filed motion to affirm the arbitration order. We agree. Section 682.12, Florida Statutes (2003), states that the trial court should affirm the arbitration order upon the request of a party unless a request for modifying or vacating the order is timely filed....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1992 WL 335898
...owood. The arbitration panel was without jurisdiction to resolve the alter ego issue because the Mildenbergs were not parties. For the same reason, it is contended, the Panamanian corporations did not seek a judgment confirming the award pursuant to section 682.12, Florida Statutes (1991)....
CopyCited 1 times | Published | District Court, S.D. Florida
...Pelican Pointe of Sebastian II Condominium Association, Inc. v. Empire Indemnity Insurance Company ,
2007 WL 9702449 (S.D. Fla. 2007) ; Three Palms Pointe, Inc. v. State Farm Fire & Cas. Co. ,
250 F.Supp.2d 1357 ,1362 (M.D. Fla. 2003). Florida Statutes, §
682.12 (2001), which governs the confirmation of arbitration awards, states that courts "shall confirm an award" upon application of a party to the arbitration, unless an insurer moves to vacate, modify or clarify an award pursuant to §
682.13....
...(2) A motion under subsection (1) must be made and notice given to all parties within 20 days after the movant receives notice of the award. (3) A party to the arbitration proceeding must give notice of any objection to the motion within 10 days after receipt of the notice. (4) If a motion to the court is pending under s. 682.12, s....
...682.14(1)(a) or (c) ; (b) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or (c) To clarify the award. (5) An award modified or corrected pursuant to this section is subject to ss.
682.09(1),
682.12,
682.13, and
682.14....
...not intended to be final, those later expressions had no effect on the Disputed Award's earlier binding effect under the express terms of the policy. See ECF No. [17-4], at 6, 9 ; ECF No. [17-5], at 2. The Plaintiffs are correct that Florida Statute §
682.12 governs the confirmation of arbitration awards. That provision states that courts "shall confirm an award" upon application of a party to the arbitration, unless an insurer moves to vacate, modify or clarify an award pursuant to §
682.13. Fla. Stat. §
682.12 ....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2003 WL 21554924
...argues that sections
682.13(1)(e) and
682.03(4) presuppose an arbitration agreement between the parties, but that argument is untenable in light of the language of these provisions, which clearly contemplate a situation in which one party claims there is no arbitration agreement to which it is bound. Indeed, section
682.12 requires the trial court to confirm an award, "unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award." N.C.J....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 2736, 2009 WL 875691
...The arbitrator entered an award of over $21,000 in favor of MBNA. Mr. Cunningham knew of the award. MBNA filed a complaint and an amended complaint in the trial court seeking damages and domestication of the arbitration award. Essentially, MBNA sought confirmation of the award. See 9 U.S.C. § 9 (2000); § 682.12, Fla....
...[1] Apparently, the trial court did not consider the factual allegations of the counterclaim or the events giving rise to the counterclaim. The trial court did not enter a final judgment on MBNA's main claim or otherwise confirm the arbitration award. See 9 U.S.C. § 9; § 682.12....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2012 WL 1317617, 2012 Fla. App. LEXIS 6055
...The trial court sided with the City and dismissed SEIU’s motion for confirmation. We agree with SEIU and reverse, finding that chapter 682 required the City to challenge the issuance of the arbitration award in a timely motion to vacate. Confirmation of arbitration awards is governed by chapter 682, Florida Statutes. Section 682.12 provides that “the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in ss....
...Section
682.13(2) provides that an application to vacate an arbitration award must be made within ninety days after delivery of a copy of the award to the applicant, except in cases predicated upon corruption, fraud, or other undue means. The language of section
682.12 is mandatory— the court must confirm the arbitration award unless a motion to vacate or modify has been filed within ninety days of delivery of the award....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 14439, 2005 WL 2218027
...Potkay of "Cheaper than a Lawyer" in Holiday, Florida. Ms. Potkay may be cheaper than a lawyer, but she certainly has been no substitute for one. IV. THIS APPEAL Because Ms. Fausone withdrew her motion to vacate the arbitration award, there are few, if any, preserved issues for appeal. See § 682.12, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1982 Fla. App. LEXIS 21526
...This is an appeal from a final judgment denying a petition to confirm an arbitration award and dismissing the same with prejudice. We reverse upon a holding that the trial court was required to confirm the arbitration award upon proper application under Section
682.12, Florida Statutes (1981) because an arbitration award, in fact, was made and no grounds for vacating or modifying that award were presented below under Sections
682.13,
682.14, Florida Statutes (1981)....
CopyPublished | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 17335, 2008 WL 4862552
...or instead vacating an award because of one of the statutory reasons authorizing vacatur. 3 Meanwhile, in order to give full effect to the agreement to arbitrate the trial court should stay its hand. Order quashed. MAY and DAMOORGIAN, JJ., concur. . § 682.12, Fla....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4761, 1991 WL 85557
...ership agreement which controls the payment of arbitration costs. The arbitrator’s supplemental report on costs, therefore, was presumptively valid. The trial court’s role upon receipt of a presumptively valid arbitrator’s report is limited by section
682.12 which provides: Upon application of a party to the arbitration, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in ss.
682.13 and
682.14. §
682.12, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 5342
made pursuant to the Florida Arbitration Code, section
682.12 of which provides for confirmation of awards
CopyPublished | Florida 2nd District Court of Appeal | 1990 Fla. App. LEXIS 2081, 1990 WL 35385
...Carpet Concepts appeals a non-final order referring its action against Architectural Concepts to arbitration and staying the circuit court proceeding. [1] The matter which the trial court referred to arbitration was a complaint or application to confirm and reduce an earlier arbitration award to judgment pursuant to section 682.12, Florida Statutes (1987). We reverse the order because the trial court had no authority to refer this issue back to arbitration. The trial court had four options. It could confirm the arbitration award, vacate it, modify it, or correct it. §§ 682.12-682.14, Fla....
...ration. Schnurmacher Holding, Inc. v. Noriega,
542 So.2d 1327 (Fla. 1989). Carpet Concepts was entitled to a judgment confirming the arbitration award unless Architectural Concepts made a timely application to vacate, modify, or correct the award. §§
682.12-682.14, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 6892, 2000 WL 731370
...They also construed the term “occupied” to mean the periods of time when a tenant was physically present on the premises. The award dated August 13, 1998, was six pages long and it reserved jurisdiction for further evidence concerning damages. Baird argues that pursuant to section 682.12, Florida Statutes, the trial court lacks authority not to enforce the arbitration award, which provides: Upon application of a party to the arbitration, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award.......
CopyPublished | Florida 3rd District Court of Appeal | 2017 WL 2457217, 2017 Fla. App. LEXIS 8326
...Dismissal, in other words, is not appropriate pre-
arbitration, even when there’s an enforceable arbitration provision. The trial court
must stay the case and retain jurisdiction, for example, to confirm and enforce the
arbitration award once one is handed down. See id. § 682.12 (“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 ....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15749
PER CURIAM. After oral argument and upon review of the briefs and the record on appeal, we find the trial court erred in confirming an arbitration award during the pendency of appellant’s motion to vacate the award. See Section 682.12 et seq., Florida Statutes (1975)....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 8982, 2003 WL 21396692
...Appellant, Frank Schneider, appeals from a final judgment confirming an arbitration award which struck an expungement provision from the final judgment. We reverse and remand with directions that the trial court enter an amended final judgment confirming the arbitration award in its entirety in accordance with section 682.12, Florida Statutes. Section 682.12, Florida Statutes (2001) provides: Upon application of a party to the arbitration, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in ss....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 187, 2016 WL 56467
...contract and unjust enrichment. After a two-day hearing, the arbitrator filed a short
award in August 2014 denying Ms. Ross's claims and ruling in favor of Prospectsplus!.
Oddly, Ms. Ross thereafter filed a petition in circuit court pursuant to
section 682.12, Florida Statutes (2014), to confirm the award in her unsuccessful
arbitration....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 443, 2015 WL 159055
...We do not understand the comments of the arbitrator as
giving “tips” to one side.
In its second claim, Jomar argues the arbitrator exceeded his powers
by awarding interest to Bayview after the trial court had confirmed the
arbitrator’s previous award under section
682.12, Florida Statutes (2010).
Section
682.13(1)(c), Florida Statutes (2010), provides an arbitration
award shall be vacated when “[t]he arbitrators or the umpire in the course
of her or his jurisdiction exceeded their powers.” Because...
CopyPublished | Florida 3rd District Court of Appeal
...“troubled condition,” as is defined by section 303.101(c), Code of Federal
Regulations. This designation requires approval of the OCC and the FDIC before a
golden parachute payment may be made.
2
section
682.13, Florida Statutes, see §
682.12, Fla....
CopyPublished | Florida 3rd District Court of Appeal
...(2022). Where a party to an
arbitration award moves to confirm an arbitration award, “the court shall issue
a confirming order unless the award is modified or corrected pursuant to s.
682.10 or s.
682.14 or is vacated pursuant to s.
682.13.” §
682.12, Fla....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 122, 1987 Fla. App. LEXIS 11823, 1987 WL 29151
...Defendant contends that the court erred in *763 confirming the award while a motion to modify or vacate the award was pending. We affirm. It is undisputed that the motion was pending at the time the award was confirmed. Therefore, there was apparent error in the confirmation. See section 682.12, Florida Statutes (1985)....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 22216
compelling the court to enter final judgment under Section
682.12, Florida Statutes (1981). The court struck
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 19755, 2007 WL 4322778
...” The Arbitration Code uses the term “application” as a synonym for “motion.” See §
682.03(1), Fla. Stat. (2006) (providing that a “party to an agreement or provision for arbitration ... may make application to the court for an order directing the parties to proceed with arbitra *590 tion”); §
682.12, Fla....
CopyPublished | Florida 4th District Court of Appeal
... §
682.13(2), Fla.
Stat. (2022). If one of these statutory exceptions applies, “the motion must
be made within 90 days after the ground is known or by the exercise of
reasonable care would have been known by the movant.” Id. “The
language of section
682.12 is mandatory—the court must confirm the
arbitration award unless a motion to vacate or modify has been filed within
1 Neither of the parties contends that this case does not involve interstate
commerce.
2 See 9 U.S.C....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 5037, 2015 WL 1578710
...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.
682.14 or is
vacated pursuant to s.
682.13.
§
682.12, Fla....
...an arbitration proceeding may move an
5
In this case, Ward did not file a motion to vacate, modify, or correct the
arbitration award. Thus, the trial court was required to confirm the award under
section 682.12....
CopyPublished | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 4885, 2007 WL 981743
...should not stray from it."). At the conclusion of the pending arbitration proceeding, Florida Development Associates may, if it is the prevailing party and it becomes necessary, enforce the fee order at issue here through a motion filed pursuant to section 682.12, Florida Statutes (2005), Florida Rule of Civil Procedure 1.525, and Florida Rule of Appellate Procedure 9.400....
CopyPublished | Florida 2nd District Court of Appeal
...provision, demands that when the circuit court enters an order, as was
done here, confirming the arbitration award, "the court shall enter a
judgment in conformity" with the arbitration award. Here, the circuit
court acted in conformity with this provision.
We begin by noting that section 682.12 provides that "[a]fter 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[,] ....
CopyPublished | District Court of Appeal of Florida
confirmation of the arbitration award under section
682.12, Florida Statutes (2020). In the concluding
