CopyCited 34 times | Published | Florida 3rd District Court of Appeal
...*287 The threshold question to be determined is whether this court has jurisdiction to review the challenged order pursuant to Florida Rule of Appellate Procedure 9.130. Appellants claim the right to interlocutory appeal is conferred by the Florida Arbitration Code, Section 682.20(1)(a), Florida Statutes (1979) and cases decided prior to the adoption of the current Florida Rules of Appellate Procedure [1] wherein similar orders were reviewed pursuant to the former provisions of Section 4.2a....
...ity to promulgate rules for the practice and procedure in all courts. Consequently, all statutes that purport to govern the right to appeal are now inoperative. In re Wartman's Estate,
128 So.2d 600 (Fla. 1961). We therefore reject the argument that Section
682.20(1)(a) confers the right to appellate review....
...I concur in the opinion and judgment of the court in quashing the order under review and remanding the cause to the trial court with directions to compel the parties to arbitrate. I also agree with the court's conclusion that we have no jurisdiction to entertain this appeal under Section 682.20(1)(a), Florida Statutes (1979), and should treat the appeal herein as a petition for a writ of certiorari....
...t." [emphasis added] It is, therefore, plain that our jurisdiction to entertain appeals from interlocutory or non-final *289 orders entered by a trial court is set exclusively by rule of the Florida Supreme Court; it may not be conferred by statute. Section 682.20(1)(a), Florida Statutes (1979), which purports to create a right to appeal from an interlocutory order denying an application to compel arbitration is, accordingly, inoperative unless otherwise adopted by rule of the Florida Supreme Court....
...by appeal. It, accordingly, appears clear that we have no jurisdiction to entertain the instant proceeding as an interlocutory appeal. [1] B The court in the instant case reaches the same result, but does so by a different route. The court declares Section 682.20(1)(a), Florida Statutes (1979), inoperative because (a) it announces a rule of practice and procedure which only the Florida Supreme Court may promulgate under Article V, Section 2(a) of the Florida Constitution, and, (b) the statute, although adopted by implication as a rule of procedure by Fla.R....
...nce a rule of practice or procedure. The Florida Supreme Court in State v. Furen,
118 So.2d 6 (Fla. 1960), held that a statute conferring a right to appeal upon a litigant deals with a substantive right, rather than a rule of practice and procedure. Section
682.20(1)(a), Florida Statutes (1979), confers a right to appeal from an interlocutory order denying a motion to compel arbitration, and, as such, deals with a matter of substance, rather than a matter of practice and procedure....
CopyCited 24 times | Published | Supreme Court of Florida | 2000 WL 123791
...e the ultimate decision in a case made by a court. Id. at 714. Section
627.736(5) does not provide for a trial de novo in the circuit court. Section
627.736(5) states that the provisions of chapter 682, Florida's Arbitration Code, shall apply. Under section
682.20, Florida Statutes (1997), parties may appeal an arbitration award only in limited circumstances, [3] and courts attach a high degree of conclusiveness to the award....
...HARDING, C.J., SHAW, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. NOTES [1] §§
627.730-627.7405, Fla. Stat. (1997). [2] The method used to determine whether a party is a "prevailing party" was added to the statute in 1998. §
627.736(5)(c)1-3, Fla. Stat. (Supp.1998). [3] Section
682.20, Florida Statues (1997), provides: (1) An appeal may be taken from: (a) An order denying an application to compel arbitration made under s....
CopyCited 16 times | Published | Florida 3rd District Court of Appeal
...[2] The respondents contend that although certiorari is the proper vehicle to challenge a lower court order denying a motion to compel arbitration, an order granting a motion to compel arbitration, being non-final, must await review until an appeal is taken from an order under Section 682.20(1)(c), Florida Statutes (1981), confirming an arbitration award....
CopyCited 15 times | Published | Florida 4th District Court of Appeal | 2006 WL 2612769
...However, in VoiceStream Wireless Corp. v. U.S. Communications, Inc.,
912 So.2d 34 (Fla. 4th DCA 2005), this court concluded that a provision precluding the parties from appealing any arbitration decision was unenforceable because it was in contravention of section
682.20 of the FAC, which provided for a limited right of appeal....
CopyCited 15 times | Published | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 16915, 2001 WL 1516966
...ris & Neal, LLP, Orlando, for Appellees. PLEUS, J. Avid Engineering Inc. ("Avid") appeals a non-final order denying its motion to compel arbitration. This court has jurisdiction pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv), and section 682.20(1)(a), Florida Statutes (1999)....
...NOTES [1] At the time of R.W. Roberts, certiorari was the correct procedure for challenging a trial court's ruling on a motion to compel arbitration. Now a party has the right to appeal under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv), and section 682.20(1)(a), Florida Statutes....
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 1999 WL 415320
...Plaintiff has now sought a writ of mandamus from us to direct the trial judge to perform what she characterizes as the nondiscretionary and purely ministerial act of entering judgment against parties who fail to make a timely request for a trial de novo. We first address the necessary question of our own jurisdiction. Section 682.20(1)(c) provides for appellate jurisdiction of orders that deny confirmation of an arbitration award. See § 682.20(1)(c), Fla....
...t out that chapter 682 applies only to arbitrations by agreement of the parties. See § 682.21 Fla. Stat. (1997) ("This law applies only to agreements and provisions for arbitration made subsequent to the taking effect of this law."). Hence, even if section 682.20(1)(c) properly allowed review by appeal of orders granting or denying confirmation of an arbitration award, we would be forced to conclude that such jurisdiction would be limited to arbitrations under chapter 682....
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 1997 WL 227445
...In reviewing an order confirming or vacating an arbitration award, appellate courts are to apply the same standards as in any ordinary case, whereby findings of fact are reviewed under a competent and substantial evidence standard and legal questions are reviewed de novo. See § 682.20, Fla.Stat....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 2002 WL 1300257
...any arbitration decision was not enforceable and the court found the provision to be "offensive." In fact, this sentence within the arbitration clause is in contravention to the Florida Arbitration Code which provides a limited right of appeal. See § 682.20, Fla....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 6614, 2005 WL 1047240
...e should not be precluded from again raising these issues. Reversed and remanded. FULMER and CANADY, JJ., concur. NOTES [1] We have jurisdiction to hear this interlocutory appeal pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv) and section 682.20, Florida Statutes (2003)....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...But we do not feel we are precluded from ruling thereon anyhow; indeed we feel compelled to. Cf., Harris v. Mosteller (Fla.App. 1971),
253 So.2d 275; Bailey v. Allstate Insurance Company (Fla. App. 1969),
218 So.2d 761, and Chastain v. Embry (Fla.App. 1960),
118 So.2d 33. [2] See, Chapter 682, Fla. Stat. 1971, F.S.A. Section
682.20 thereof provides as follows: "Appeals....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 13 Fla. L. Weekly 1159, 1988 Fla. App. LEXIS 1921, 1988 WL 45224
...award on grounds provided by the Florida Arbitration Code, and remand to the arbitration panel for further proceedings. Petition for writ of certiorari GRANTED, order QUASHED, case REMANDED with directions. DAUKSCH and COWART, JJ., concur. NOTES [1] § 682.20, Fla....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 99 L.R.R.M. (BNA) 2493, 1978 Fla. App. LEXIS 15938
...Rock, Jr., of Rock & Brown, Orlando, for appellee. PER CURIAM. This is an appeal from an order of the circuit court vacating an arbitrator's decision in favor of a teacher in a dispute with the school board concerning reappointment as a nontenured teacher. See Section 682.20(1)(e), Florida Statutes (1975)....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2000 WL 868232
...1971); Raymond, James & Assoc., Inc. v. Zumstorchen Inv., Ltd.,
488 So.2d 843, 845 (Fla. 2d DCA 1986). Ulrich argues that attorney's fee rulings made in orders confirming arbitration awards should be treated differently, but we see no reason for doing so. For one thing, section
682.20(2), Florida Statutes (1995), provides that appeals in arbitration matters "shall be taken in the manner and to the same extent as from orders or judgments in a civil action." Further, it is apparent that when devising Florida's Arbitra...
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 1991 WL 120804
...the City to show cause whether this appeal is untimely or premature. Both parties have filed appropriate responses which we have reviewed. Contrary to the City's argument, we conclude that the order under review is not a final appealable order under Section 682.20, Florida Statutes (1989)....
...efore, interlocutory in nature. Indeed, it has been expressly held that such an order is a non-appealable, interlocutory order, as only "[a]n order vacating an [arbitration] award *163 without directing a rehearing" is a final appealable order under Section 682.20(1)(e), Florida Statutes (1989) (former Section 57.29)....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1997 Fla. App. LEXIS 7609, 1997 WL 345585
...Under the unique circumstances of this case, we grant appellant thirty (30) days to obtain and file a final order with this court. [1] In response to our show cause order, appellant raises a perceived inconsistency between sections
682.15 and 682.16, Florida Statutes (1995) and section
682.20(1)(c), Florida Statutes (1995). Sections
682.15 and 682.16 require that a judgment be entered on an order confirming an arbitration award; whereas, section
682.20(1)(c), Florida Statutes (1995) provides that an appeal may be taken, "in the manner and to the same extent as from orders or judgments in a civil action," from "[a]n order confirming ......
...ncorporated in Rule 9.130, Florida Rules of Appellate Procedure. [3] The arbitration statute provides that orders confirming final awards are only appealable "in the manner *1069 and to the same extent as from orders or judgments in a civil action." § 682.20(2), Fla....
...t courts with jurisdiction out of the blue"). Nor can the legislature create, by statute, a right to appeal from non-final orders not enumerated in Rule 9.130. Haven Fed. Sav. & Loan Ass'n v. Kirian,
579 So.2d 730, 732 (Fla.1991). To the extent that section
682.20(1)(c) could be construed to create such a right, it would be invalid....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 8137, 2000 WL 868187
...e hearing. Thus, this court has jurisdiction over this matter pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(v), which permits review by this court of a nonfinal order determining "the entitlement of a party to arbitration." See also § 682.20(1)(a), Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 12774, 1996 WL 695272
...nying its motion to dismiss, its motion to compel arbitration and to sever arbitrable issues, and its alternative motion to stay proceedings pending appeal. We note that we have jurisdiction to review an order determining entitlement to arbitration. § 682.20, Fla.Stat....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1997 WL 694960
...within sixty days of receiving an unfavorable ombudsman's response, then file for arbitration within thirty days of the unsuccessful end of mediation. 7. The agreement limits rights to take an appeal of a final arbitration order to those allowed by section 682.20, Florida Statutes (1985), while no such limits apply to appeals from final orders of judges of compensation claims....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1993 Fla. App. LEXIS 5842, 1993 WL 177731
...Yet the manufacturer considers it appropriate to make the consumer seek affirmative relief in both the administrative and judicial forum, regardless of what transpires before the arbitration board. Section
681.1095 provides for binding arbitration, but like Florida's Arbitration Code there is a right to judicial review. See §
682.20, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2005 WL 715732
...The order for which Loewenstein seeks review is a non-appealable, non-final order. It is an order vacating an arbitration award, not one determining "the entitlement of a party to arbitration" under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv). Although section 682.20(1)(c), Florida Statutes (2004), provides that "[a]n appeal may be taken from ......
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2003 WL 187190
...right to have the ultimate decision in a case made by a court. "[The PIP statute] does not provide for a trial de novo in the circuit court. Section
627.736(5) states that the provisions of chapter 682, Florida's Arbitration Code, shall apply. Under section
682.20, parties may appeal an arbitration award only in limited circumstances, and courts attach a high degree of conclusiveness to the award....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1997 Fla. App. LEXIS 12219, 1997 WL 677304
...nforced as any other judgment or decree." §
682.15, Fla. Stat. (1995). Thus, an order confirming, modifying or vacating the award is merely interlocutory. The second question is whether such an interlocutory order is appealable. Appellant relies on section
682.20(1)(c)-(e), Florida Statutes, which does provide for appellate review of such orders....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...This motion was denied and this appeal ensued. The insurer has a right under its contract to arbitration and promptly moved to compel it pursuant to Florida Statutes §
682.03 (1969), F.S.A. The order denying the "motion to dismiss and to compel arbitration" is appealable under Section
682.20 in spite of coupling with the motion to compel arbitration a motion to dismiss....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1969 Fla. App. LEXIS 6407
...declaring that defendant does not have the right to operate under said lease in the New Terminal Complex." The appellant filed a motion and application for an order staying cause and compelling arbitration. This appeal, pursuant to Florida Statutes § 682.20(1) (a), F.S.A., followed....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1879000
...This was not a final order because it did not end the judicial labor in the case. Cf. City of Tallahassee v. Big Bend PBA,
703 So.2d 1066 (Fla. 1st DCA 1997). The Florida Arbitration Code purports to establish a right to appeal from an order "confirming or denying confirmation of an award[.]" §
682.20(1)(c), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1999 WL 211849
...See State ex rel. Gaines Const. Co. v. Pearson,
154 So.2d at 836. See also City of Tallahassee v. Big Bend PBA,
703 So.2d at 1068 (interpreting the order under review in Pearson as a non-final order). Section 57.29, Florida Statutes (1963) is currently found at Section
682.20, Florida Statutes (1997) and provides, in pertinent part: (1) An appeal may be taken from: (c) An order confirming or denying confirmation of an (arbitration) award....
...See also R.J.B. v. State,
408 So.2d 1048 (Fla. 1982) (holding that only the supreme court is permitted to decide when interlocutory orders may be appealed). As was pointed out by the Fifth District in Health Care Assoc., Inc., the supreme court has not adopted Section
682.20 as a rule of procedure and, consequently, the statutory jurisdictional grant is not valid. See Health Care Assoc., Inc. v. Brevard Phys. Group, P.A.,
701 So.2d at 119. See also City of Tallahassee v. Big Bend PBA,
703 So.2d at 1069 (holding Section
682.20 invalid)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2003 WL 22440979
...ubpoenas for that purpose. §
682.08, Fla. Stat. (2003). The statute provides for enforcement of such subpoenas "in the manner provided by law," but it says nothing about judicial review of arbitrator orders compelling discovery. Similarly, although section
682.20 provides for some judicial review in arbitration cases, it carefully limits such review to specified final decisions, none of which include review of discovery orders. §
682.20, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1337
...w the trial court's order. We disagree. See Vic Potamkin Chevrolet, Inc. v. Bloom,
386 So.2d 286, 289 (Fla. 3d DCA 1980). An order vacating an arbitration award without directing a rehearing is a departure from the essential requirements of law. See §
682.20(e), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 465543
...While the Agreement does provide that the arbitrator's decision will be final and binding, the Agreement does not purport to limit or eliminate Shedden's right to seek vacation of an award pursuant to section
682.13, Florida Statutes (2004), or to appeal an award pursuant to section
682.20. Because the Agreement states that proceedings will be "pursuant to the Florida Arbitration Code" and because it does not specifically bar any right to appeal, the appeal provisions of section
682.20 would apply to give Shedden the right to appeal....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2007 WL 641853
...Rule 9.130(a)(3)(C)(iv) provides for the appeal of nonfinal orders that "determine . . . the entitlement of a party to arbitration." The order at issue here, however, does not address the issue of entitlement to arbitration. Parvin contends that his appeal is authorized by the provisions of section 682.20(1)(c), Florida Statutes (2005), that purport to create a right of appeal from an order "confirming or denying confirmation of an [arbitration] award." "But only the supreme court is empowered to grant interlocutory jurisdiction to the...
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...§§ 1-16,
not on inherent powers or jurisdiction over specific writs.
Sanchez,
878 F.3d at 1219-20. The federal statute differs from
Florida’s statute in that it permits an appeal to be taken from an
order modifying, correcting, or vacating an arbitration award
under 9 U.S.C. § 16(a)(1)(E), whereas section
682.20(1)(f), Florida
Statutes, specifically allows “an appeal from an order vacating an
award without directing a rehearing.” While federal law is not
controlling, it is a persuasive example of how courts can better
protect the arbitrati...
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1202, 1985 Fla. App. LEXIS 14066
JORGENSON, Judge. We say, “No, thank you” to appellant Paine, Webber’s invitation to review a trial court order denying a motion to compel arbitration, see § 682.20(l)(a), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 18859
...Appellant appeals an order denying its claim of setoff against an arbitration award for the appellee. The order is not an ap-pealable final order because it does not end the judicial labor in the cause. S.L.T. Warehouse Co. v. Webb,
304 So.2d 97 (Fla.1974). It is not appealable under section
682.20(l)(c), Florida Statutes, as the appellant contends, because it does not confirm or deny confirmation of the arbitration award....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 19755, 2007 WL 4322778
...It is clear that the statute mandates a stay while a motion for arbitration is pending. We decline to expand the statutory language to require a stay after a motion for arbitration has been denied and that denial is on appeal. The portion of the Arbitration Code explicitly dealing with appeals, section
682.20(1)(a), Florida Statutes (2006), states that an appeal may be taken from “[a]n order denying an application to compel arbitration made under s.
682.03.” Section
682.20(2) provides that “[t]he appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action.” A stay of a final or non-final order is a discretionary decision of the trial court. See Fla. R.App. P. 9.310(a). To read section
682.03(3) as broadly as appellants urge would be to nullify the legislative direction given in section
682.20(2)....
CopyPublished | Florida 1st District Court of Appeal
...Terrell, Judge.
August 28, 2024
LONG, J.
This is an interlocutory appeal concerning the denial of two
motions to compel arbitration filed by Appellant, Eglin Federal
Credit Union (“Eglin”). We have jurisdiction. § 682.20, Fla....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8514
record and for briefing. We concluded that F.S. Section
682.20(1)(a), F.S.A. authorized interlocutory appeal
CopyPublished | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 3225, 2009 WL 996348
...2d DCA 2007) (holding that an order confirming or denying confirmation of an arbitration award is a non-appealable non-final order); See also Friendly Homes of the South, Inc. v. Fontice,
932 So.2d 634 (Fla. 2d DCA 2006); Loewenstein, Inc. v. Draheim,
898 So.2d 1129, 1130 (Fla. 4th DCA 2005) (holding that Section
682.20(1)(c), Florida Statutes (2007), which purports to authorize an appeal to the District Court of Appeal of an order confirming or denying confirmation of an arbitration award, contravenes Article V, Section 4(b)(1) of the Florida Constit...
