CopyCited 37 times | Published | Supreme Court of Florida
...The basis for my dissent is that to escape liability under the claim of respondent, the petitioner should have refused arbitration, and filed a complaint in the trial court. Petitioner cannot submit to arbitration, and then challenge the results, except for reasons permitted under Section 682.14, Florida Statutes, F.S.A....
CopyCited 30 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 195, 2001 Fla. LEXIS 628, 2001 WL 326778
...to confirm, vacate, or modify an award. [4] See Air Conditioning Equipment, Inc. v. Rogers,
551 So.2d 554, 556 (Fla. 4th DCA 1989). For example, section
682.09(1), states that "[t]he award shall be in writing and shall be signed by the arbitrators." Section
682.14(1)(c) provides for the modification or correction of an award where "[t]he award is imperfect as a matter of form, not affecting the merits of the controversy." Last, section
682.13 provides a list of criteria upon which an award may be challenged....
...Thereafter, the circuit court may determine the fee issue in accord with the finding of the arbitrators. We believe this holding is implicitly mandated by Florida's statutory schemes, both as to attorney's fees and arbitration, and especially the code provision vesting authority in the circuit court to award fees. Section 682.14(1)(c) of the code also provides for the modification or correction of an award where the award is inadequate as a matter of form....
CopyCited 25 times | Published | Florida 1st District Court of Appeal | 1989 WL 32657
...Because the contract does not authorize the recovery of fees incurred prior to any legal action taken, those fees are not recoverable. However, we conclude that the trial court erred in excluding recovery of attorney's fees expended for services rendered after the date of the arbitration award. The Florida Arbitration Code, section 682.14, allows for the award of costs incurred to confirm, modify or correct an arbitration award....
...court did not address this issue in its order confirming the award. Every reasonable presumption will be indulged to uphold an arbitration proceeding which has resulted in an award. Fenster v. Makovsky,
67 So.2d 427 (Fla. 1953); Beach Resorts. Under section
682.14(1)(a), Fla....
...[2] Subcontractors Birdair Structures, Inc. and Joseph Francis filed demands for arbitration against B & H in October and December of 1985, respectively. [3] The parties sought modification or correction of the award, pursuant to sections
682.10 and
682.14(1)(a), (c), Florida Statutes (1987), which authorize an arbitration panel to change an award based upon "an evident miscalculation of figures" or if "[t]he award is imperfect as a matter of form, not affecting the merits of the controversy." [4] B & H's attorney, L....
CopyCited 17 times | Published | Florida 4th District Court of Appeal
...troversy 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....
...dgment's award of interest should have been limited to that which accrued after the date of the arbitration award. McDaniel argues that we should construe the court's interest award as a permissible modification of the arbitrator's award pursuant to Section 682.14(1)(a) or (c), Florida Statutes (1979). Such a construction would require us to ignore either the facts of this case or the language of Section 682.14. First, the record reveals no indication that the parties or the trial court considered that McDaniel was seeking a modification of the arbitrator's award pursuant to Section 682.14. Second, after reviewing the record we have found no facts that would support a modification pursuant to Section 682.14 which provides in pertinent part (emphasis added): (1) Upon application made within 90 days after delivery of a copy of the award to the applicant, the court shall modify or correct the award when: (a) There is an evident miscalculatio...
...ately constitutes "an evident miscalculation of figures" or is "an evident mistake in ... description." Similarly, we are not convinced that any failure of the arbitrator to award interest is a mere "matter of form." Thus, on the facts of this case, Section 682.14 did not authorize the trial court to modify the arbitrator's award by adding interest for the period predating the award....
...§
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 14 times | Published | Florida 3rd District Court of Appeal
...edings below did not adversely affect the substantial rights of the appellant so as to interfere with an appropriate determination of the merits, [1] Griffin v. Workman,
73 So.2d 844 (Fla. 1954); Kest v. Nathanson,
184 So.2d 690 (Fla. 4th DCA 1966); Section
682.14(1)(c), Florida Statutes (1979); (b) In view of the clear and unrebutted testimony that a simple mistake had been made, the policy was properly reformed to change the named insured from Felix Martin to Francisco Martin, Sr., the father of the decedent, Francisco, Jr.; Poland v....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 1992 WL 295449
...Therefore, we affirm the amended final judgment as to the injunctive relief provided therein, noting that appellants are not prohibited from conducting business with their relatives. Appellants' second point on appeal concerns the arbitrators' award of costs. Section 682.14(1)(a) provides for modification of an arbitration award when "[t]here is an evident miscalculation of figures......
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1982 Fla. App. LEXIS 20852
...his own costs is an invalid attempt to reduce statutory coverage. [2] Appellant also contends that, since costs were not "provided in the award," the trial court could not award costs except by a timely petition to modify the arbitration award under section 682.14, Florida Statute (1982)....
CopyCited 9 times | Published | Florida 4th District Court of Appeal
...The Candreva rationale fits exactly here. We remand for the entry of judgment on the arbitrator's decision. REVERSED AND REMANDED WITH DIRECTIONS. STONE, J., and JAMES C. DOWNEY, Senior Judge, concur. NOTES [1] See §
682.13, Fla. Stat. (1993). [2] See §
682.14, Fla.Seat....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1981 Fla. App. LEXIS 19695
...1956) (involving the predecessor statute to F.S. §
627.481); see also New York Life Insurance Co. v. Shuster,
373 So.2d 916 (Fla. 1979). In the case at bar, there is no allegation that the insurer denied coverage. On the contrary, Lumbermens merely availed itself of the procedures set forth in Section
682.14, Florida Statutes (1979), in order to avoid liability for that portion of the arbitration award ($35,000), which exceeded the $15,000 policy limit....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1974 Fla. App. LEXIS 7873
...nd 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....
... 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. * * * * * * "
682.14 Modification or correction of award....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1975 Fla. App. LEXIS 18970
...award was barred by §
682.13(1)(c), in that by refusing to consider medical bills, loss of earnings, and earning capacity for the past and future, the arbitrators exceeded their powers, and (2) appellant alleged that appellee's motion was barred by §
682.14(1)(a), Fla....
...of earnings, and earning capacity for the past and future, mistakenly described the things referred to in their award. In its counterclaim, appellant sought to have the circuit court vacate or modify the arbitration award pursuant to §§
682.13 and
682.14, Fla....
...Stat., F.S.A., in that they exceeded their powers in refusing *647 to consider and determine at one time and in one proceeding all items of damage legally recoverable by appellee as a result of the negligence of the uninsured motorist; and in so refusing the arbitrators also violated § 682.14(1)(a), in that they mistakenly described the things referred to in their award....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...r. 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. [2] F.S. §
682.14, F.S.A....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2006 WL 1196455
...award operates as a final and conclusive judgment. See Charbonneau,
727 So.2d at 1020; Verzura Constr., Inc. v. Surfside Ocean, Inc.,
708 So.2d 994, 995 (Fla. 3d DCA 1998). We next address the trial court's authority to modify an arbitration award. Section
682.14, Florida Statutes (2005), enumerates three grounds for modifying an arbitration award and provides, in relevant part: (1) Upon application made within 90 days after delivery of a copy of the award to the applicant, the court shall modi...
...(b) The arbitrators or umpire have awarded upon a matter not submitted to them or him or her and the award may be corrected without affecting the merits of the decision upon the issues submitted. (c) The award is imperfect as a matter of form, not affecting the merits of the controversy. § 682.14, Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2016 WL 1445437, 2016 Fla. App. LEXIS 5586
...lls, and . . . that Castro be deemed
the prevailing party.” Wells responded to Castro's motion arguing that Castro was
attempting to have the merits re-determined, and that “[a] modification is limited to
the scope of AAA R–48 or Fla. Stat. § 682.14(1)(a), and the Arbitrator has
determined, in accordance with Florida law, that there is no prevailing party for the
purposes of attorneys' fees and costs in this action.” On September 23, 2011, the
arbitrator entered a Modification of...
...One day prior to the deadline, Castro filed a motion to intervene in the trial
court case, which was subsequently granted. Additionally, Halmac and Castro
jointly filed, in the trial court, a Motion to Modify and Correct Award pursuant to
section 682.14, Florida Statutes (“Motion to Modify”)....
...include Castro as the prevailing party” as between Castro and Wells.
Wells then filed a Renewed Motion to Confirm and Enforce the Arbitration
Award Against Plaintiff Halmac Development, Inc. and a Response to
Halmac/Intervenor's Motion for Modification under section
682.14, arguing that
the Modified Award must be confirmed because Halmac and Castro had no good
faith basis to vacate or further modify the award under sections 682.131 and
682.142,
Florida Statutes (2012).
1 Section
682.13(1) provides:
4
On January 31, 2012, following a hearing, the trial court entered an order
granting the Renewed Motion to Confirm as between Wells and Halmac....
...on hearing; or
(f) The arbitration was conducted without proper notice of the
initiation of an arbitration as required in s.
682.032 so as to prejudice
substantially the rights of a party to the arbitration proceeding.
2 Section
682.14(1) provides in pertinent part:
(1) Upon motion made within 90 days after the movant receives
notice of the award pursuant to s....
...In the present case, the parties agreed that
such a determination would be made by the arbitrator, thereby severely
restricting—if not altogether eliminating—the parties’ ability to seek, and the trial
court’s authority to grant, a modification of the arbitrator’s determination. See §
682.14(1), Fla....
...ase the trial court is compelled
to find a prevailing party.” Trytek,
3 So. 3d at 1204 n.13. Given Trytek’s clear
limitation of Hollub, and the express limitations for modification or vacation of an
arbitration award under sections
682.13 and
682.14, Castro’s counsel knew or
should have known that Castro did not have any reasonable basis in law to seek an
order from the trial court declaring Castro to be the prevailing party contrary to the
express determination of the arbitrator....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1992 Fla. App. LEXIS 2500, 1992 WL 45700
...work if the circuit court could have determined from the record of the arbitration proceeding the amount the arbitrators awarded for the prearbitration work. Because the parties failed to file a motion for modification, a rehearing is necessary. See § 682.14(1), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1969 Fla. App. LEXIS 6407
...If 1962, the arbitration clause, incorporated by reference into the later agreement, would compel submission of questions arising under this lease. However, rights in property clearly not covered by the lease could not be created by arbitration. Florida Statutes § 682.14(1) (a), F.S.A....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2004 WL 86312
...fter 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....
...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 5th District Court of Appeal | 1999 WL 110691
...682.03 and unless the party participated in the arbitration hearing without raising the objection. But the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award. *375 Section 682.14 provides for modification or correction of an arbitration award: 682.14 Modification or correction of award. (1) Upon application made within 90 days after delivery of a copy of the award to the applicant, the court shall modify or correct the award when: (a) There is an evident miscalculation of figures or an e...
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2013 WL 3455607, 2013 Fla. App. LEXIS 11051
...he Wells, and ... that Castro be deemed the prevailing party.” Wells responded to Castro’s motion arguing that Castro was attempting to have the merits re-determined, and that “[a] modification is limited to the scope of AAA R-48 or Fla. Stat. § 682.14 (l)(a), and the Arbitrator has determined, in accordance with Florida law, that there is no prevailing party for the purposes of attorneys’ fees and costs in this action.” As a result, on September 23, 2011, the arbitrator entered a Mod...
...s to vacate, modify or correct. One day prior to the deadline, Castro filed a motion to intervene in the trial court case, which was subsequently granted. Additionally, Halmac and Castro jointly filed a Motion to Modify and Correct Award pursuant to section 682.14, Florida Statutes (“Motion to Modify”)....
...Halmac also moved to correct mathematical errors and miscalculations in the Initial Award and the Modified Award. Wells then filed a Renewed Motion to Confirm and Enforce the Arbitration Award Against Plaintiff Halmac Development, Inc. and Cross Response to Halmac/Inter-venor’s Motion for Modification under Fla. Stat.
682.14, arguing that the Modified Award must be confirmed, because Hal-mac and Castro had no good faith basis to vacate under sections
682.13 and
682.14, Florida Statutes (2012)....
...After the arbitrator entered the Remand Order, the trial court gave Castro ninety days to file a motion to correct, modify or vacate the award. Motions to vacate an arbitration award are made pursuant to section
682.13, Florida Statutes (2012), 1 and motions to modify or correct an award are made pursuant to section
682.14, Flori *1237 da Statutes (2012)....
...bide by it.” Id. Id. at 1329-30; accord Felger v. Mock,
65 So.3d 625 (Fla. 1st DCA 2011); Verzura Constr., Inc. v. Surfside Ocean, Inc.,
708 So.2d 994 (Fla. 3d DCA 1998). In the absence of a motion legally sufficient under either section
682.13 or
682.14, the trial court must confirm the award: 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....
...ds to vacate an award, trial court cannot refuse to confirm an arbítra *1238 tor’s award, even where award could not be granted in law or equity). Here, Castro did not file a motion to vacate or to modify or correct pursuant to sections
682.13 or
682.14....
...The parties specifically agreed to have the arbitrator determine the issue of “prevailing party.” Upon remand by the trial court, the arbitrator found that neither Castro nor Wells was the prevailing party. In the absence of Castro filing a motion pursuant to section
682.13 or
682.14, the trial court was required to confirm the award, and therefore had no legal basis upon which to enter the October 22 order overturning the Remand Order....
...682.03 and unless the party participated in the arbitration hearing without raising the objection. But the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award. . That statute states in relevant part as follows: 682.14....
...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
...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 limitation period is, therefore, the operable period by which their request must be measured....
...firm 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.
682.13 or s.
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 s.
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 10 days from the notice. The award so modified or corrected is subject to the provisions of ss.
682.12-
682.14. 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....
...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....
...d upon corruption, fraud or other undue means, it shall be 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. Section
682.14 provides: Modification or correction of award....
...(3) An application to modify or correct an award may be joined in the alternative with an application to vacate the award. It is undisputed that the Arons took no action whatsoever in the 90-day period following the receipt of their award to either modify or correct it under section 682.14....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1993 WL 524110
...[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. [3] See Fla. Stat. §
682.13 (1991). [4] See Fla. Stat. §
682.14 (1991)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 19308, 2006 WL 3327079
...submitted a proposed order to the arbitrator declaring it to be the prevailing party. Moreover, Strickland did not move to vacate the award pursuant to section
682.13(1)(c), Florida Statutes (2005), or move to modify or correct the award pursuant to section
682.14, Florida Statutes (2005)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2002 WL 397226
...2d DCA 2001), review denied,
791 So.2d 1094 (Fla.2001) (Table). 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....
...Thus, before the circuit court could have properly considered entitlement to attorney's fees during the confirmation proceeding, the arbitration award itself required 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)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 1798, 2003 WL 355256
...The arbitrator may modify, correct, or clarify an award on application made within twenty days after its delivery. See §
682.10, Fla. Stat. (2001). A court may modify or correct an award imperfect as to form on application made within ninety days after delivery. See §
682.14(1)(c), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 19530, 2011 WL 6057875
...60 days after we receive your proof of loss and: (1) there is an entry of final judgment; or (2) there is a filing of an appraisal award with us. .An application to modify or correct an arbitration award must be "made within 90 days after delivery of a copy of the award to the applicant....” § 682.14(1), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1980 Fla. App. LEXIS 16011
correct the award upon the grounds stated in § 682.-14(1)(a) and (c) or for the purpose of clarifying
CopyPublished | District Court, M.D. Florida | 2005 U.S. Dist. LEXIS 31392, 2005 WL 3146827
...9. U.S.C. § 11. Plaintiff's argument for vacating or modifying the award relies primarily on the Florida Arbitration Code, Florida Statutes Section
682.11 (relating to arbitrators' authority), Section
682.13(c) (relating to vacating an award), and Section
682.14(b) (relating to modification of an award)....
CopyPublished | Florida 4th District Court of Appeal
...Stat.
Similarly, a court may modify an arbitration award when there is an
imperfection in the arbitration award not affecting the merits of the
decision, an evident mistake appears on the face of the award, or the award
includes a matter not submitted to arbitration. § 682.14, Fla....
...***
(f) The right to confirmation of an award as provided under
s.
682.12;
(g) The grounds for vacating an arbitration award under s.
682.13;
(h) The grounds for modifying an arbitration award under s.
682.14[.]
§
682.014(3)(d), (f), (g), and (h), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 17335, 2008 WL 4862552
...ause 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. Stat. (2007). . §
682.14, Fla....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 13087
...ver from the other and this arbitration is dismissed. 4. Each party shall bear its own costs. [[Image here]] This Award is full settlement of all claims submitted to this arbitration. Logan & Clark filed a motion in the circuit court pursuant to Section 682.14, Florida Statutes (1981), to modify the panel’s award and appellee moved to confirm it....
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 3994, 2006 WL 708375
...The final award names the two attorneys in their individual capacities and dissolves the partnership of the professional associations. Timely appeal was taken of the “Order on Glick’s Renewed or Amended Application to Modify or Correct Arbitration Award Pursuant to Section 682.14 or Alternatively to Vacate the Award Pursuant to F.S....
CopyPublished | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 6892, 2000 WL 731370
...ward, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award.... Section
682.13 requires a court to vacate an arbitration award under specified circumstances not applicable to this case. Section
682.14 permits modification or correction of the award under other specified circumstances, also not applicable to this case....
CopyPublished | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 10496, 2004 WL 1570350
...As such, the trial court’s .amended final judgment granting pre-award interest to Precision was not in conformity with the Award. Therefore, the portion of the amended final judgment awarding pre-award interest to Precision must be reversed. Assuming that Precision had filed a motion to modify the award pursuant to section 682.14, Florida Statutes (2003), 1 the facts do not support such a modification....
...4th DCA 1995), [t]he fact that Argonaut Ins. Co. v. May Plumbing Co.,
474 So.2d 212 (Fla.1985), requires a court to add prejudgment interest to a determination of liquidated damages by a jury or judge does not *1019 overcome the provisions of sections
682.13 and
682.14, Florida Statutes (1993)....
...refusing to confirm the award.”). Accordingly, we reverse the portion of the amended final judgment awarding pre-award interest to Precision and affirm the remaining portions of the amended final judgment. Affirmed in part and reversed in part. . Section 682.14 provides as follows: Modification or correction of award (1)Upon application made within 90 days after delivery of a copy of the award to the applicant, the court shall modify or correct the award when: (a) There is- an evideht miscalc...
CopyPublished | Florida 3rd District Court of Appeal
...§ 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....
...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. Stat. (2016), it was required to
“confirm the award as made,” see §
682.14(2), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 1036, 2009 WL 321604
...The court concluded that Citizens had delayed unreasonably in bringing the issue to the court. The trial court looked to the Florida Arbitration Code for guidance, and took the view that making these reductions amounted to a modification of the appraisal award under section 682.14, Florida Statutes (2007)....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 122, 1987 Fla. App. LEXIS 11823, 1987 WL 29151
...We need not address that argument because we agree with another argument of plaintiff that the effect of that error was harmless. The purported basis for the motion was that there was “an evident miscalculation of figures.” Such a miscalculation may provide grounds for modification under section 682.14....
...But we conclude that the motion actually did not involve an alleged evident miscalculation of figures and was actually based upon the contention that the arbitrator’s mathematics had been improperly affected by the consideration of certain evidence. That contention does not provide grounds for such a motion. See section 682.14....
CopyPublished | Florida 2nd District Court of Appeal | 1991 Fla. App. LEXIS 8509, 1991 WL 158558
...Shirley Sachs, who procured a favorable arbitration award, was denied attorney’s fees by the arbiters. She filed a petition for the fees, which the trial court dismissed. We affirm that order. Sachs nei *212 ther moved to vacate, see §
682.13(2), Fla. Stat. (1989), nor moved to modify, see §
682.14, Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 11468, 2001 WL 913849
...Morse Operations, Inc.,
727 So.2d 1017, 1019 (Fla. 4th DCA 1999). By statute, the trial court is limited to correcting an award when: *1091 (a) There is an evident miscalculation of figures.... (b) The arbitrators or umpire have awarded upon a matter not submitted .... §
682.14(a),(b), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 5037, 2015 WL 1578710
...in the
arbitration and the award may be corrected without affecting the
merits of the decision upon the issues submitted.
(c) The award is imperfect as a matter of form, not affecting the merits
of the controversy.
§ 682.14(1), Fla....
...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.
682.14 or is
vacated pursuant to s....
CopyPublished | Florida 3rd District Court of Appeal
...We
affirm that aspect of the challenged July 22, 2022 order without discussion.
Because Aleman failed to move below to have the trial court correct an
alleged miscalculation of the figures contained in the arbitration award, we
decline to address this issue in the first instance. See § 682.14(1)(a), Fla.
Stat....
