VINCENT CANDALES AND GLADYS CANDALES, HIS WIFE, APPELLANTS,
v.
ALLSTATE INSURANCE COMPANY, APPELLEE

Fla. 3d DCA | 1982-10-26
No. 82-106
Before HUBBART, C.J., and BARK-DULL and SCHWARTZ, JJ.
421 So. 2d 42 Florida District Court of Appeal, Third District (1982)

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Synopsis

The Candales appealed the trial court's denial of their petition to confirm an arbitration award in an insurance dispute. The court reversed, holding that the trial court was required to confirm the arbitration award because it was validly made by the arbitrators and no grounds for vacating or modifying it were presented.


Holding

The trial court was required to confirm the arbitration award because an arbitration award was validly made and no grounds for vacating or modifying it under Florida Statutes sections 682.13 and 682.14 were presented. Two of three arbitrators in full agreement with the award is sufficient to require confirmation.


Headnotes

[1] A trial court must confirm an arbitration award upon proper application when an award was made and no grounds for vacating or modifying the award are presented.

[2] An arbitration award signed by a majority of the arbitrators is valid, even if one arbitrator later rescinds their assent.

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Key Quotes

“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)”

Establishes the legal standard that mandatory confirmation is required when a valid award exists and no statutory grounds for vacating or modifying it are presented

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Facts & Procedural History

An arbitration award in an insurance dispute was signed by all three arbitrators following a full hearing. After signing, one arbitrator rescinded his…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

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). See Travelers Insurance Co. v. Allen, 356 So. 2d 1287, 1288 (Fla. 3d DCA), cert. denied, 364 So. 2d 893 (Fla.1978).

The subject arbitration award was signed by all three arbitrators after a full arbitration hearing. One of the arbitrators, however, had second thoughts after signing the award. He rescinded his assent thereto and claimed the award did not reflect what the arbitration panel had agreed to; the other two arbitrators disagreed and stood by their award. Under these circumstances, the trial court had no alternative but to confirm the arbitration award as, without dispute, two of the three arbitrators were in full agreement with the award. Cassara v. Wofford, 55 So. 2d 102,105 (Fla.1951); Bohlmann v. Allstate Insurance Co., 171 So. 2d 23 (Fla. 2d DCA 1965); Travelers Indemnity Co. v. Walton, 384 So. 2d 939 (Fla. 3d DCA 1980).

The fact that the dissenting arbitrator kept the award in his possession, transferred it later to the appellee’s counsel, and declined throughout to deliver the award [technically undated] to the appellant insured, cannot change this result.

The final judgment under review is reversed and the cause is remanded to the trial court with directions to grant the petition to confirm the arbitration award herein.


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