THOMAS R. PACKARD, APPELLANT,
v.
DAVID W. RIPPLE, APPELLEE
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[*992] PER CURIAM.
Packard’s original complaint stating a cause of action for fraud in the inducement contained conclusory allegations of mental condition and failed to allege sufficient facts to maintain that claim. See Arnold, v. Week, 388 So. 2d 269 (Fla. 4th DCA 1980), review denied, 399 So. 2d 1140 (Fla.1981), citing American Int’l Land Corp. v. Hanna, 323 So. 2d 567 (Fla. 1975).
The phraseology used in the arbitration clause was not ambiguous, and the matter was properly referred to arbitration. See Larry Kent Homes, Inc. v. Empire of America FSA, 474 So. 2d 868 (Fla. 5th DCA 1985) (arbitration agreements are valid and enforceable and public policy favors arbitration as an alternative to litigation), review denied, 484 So. 2d 7 (Fla.1986).
See also Physician’s Weight Loss Centers of America, Inc. v. Payne, 461 So. 2d 977, 978, n. 5 (Fla. 1st DCA 1984).
An arbitration award may not be vacated upon mistake of fact or law but only upon statutory grounds. McDonald v. Hardy County School Board, 448 So. 2d 593 (Fla. 2d DCA), review denied, 456 So. 2d 1181 (Fla.1984); see also Dairyland Ins. Co. v. Hudnall, 279 So. 2d 905 (Fla. 3d DCA 1973).
Accordingly, the judgment of the trial court is AFFIRMED.
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Verzura Constr., Inc. v. Surfside Ocean, Inc., 708 So. 2d 994 (Fla. 3d DCA 1998)…rbitration subject to law, ... unless the party participated in the arbitration hearing without raising the objection. § 682.13, Fla. Stat. (1993). These are the sole grounds upon which an arbitration award may be challenged. See Packard v. Ripple, 531 So. 2d 991, 991 (Fla. 3d DCA 1988). Rather than timely asserting a challenge to the panel’s award based upon one or more of these statutory grounds, Verzura has [*996] untimely attempted to vacate the factual and/or legal determination of the panel that its li…
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BDO Seidman, LLP v. BEE, 24 So. 3d 1278 (Fla. 3d DCA 2010)…p agreement, and that the Understanding is governed by the substantive law of Florida. Those determinations are not subject to judicial review under any of the limited grounds enumerated in section 682.13, Florida Statutes (2008). Packard v. Ripple, 531 So. 2d 991 (Fla. 3d DCA 1988); Dairyland Ins. Co. v. Hudnall, 279 So. 2d 905 (Fla. 3d DCA 1973) (each holding that an arbitration award may not be vacated upon mistake of fact or law but only upon statutory grounds). Giving effect to the arbitrators’ findings,…
Authorities Cited
- Am. Int'l Land Corp. v. Hanna, 323 So. 2d 567 (Fla. 1975)
- McDONALD v. Hardee Cnty. Sch. Bd., 448 So. 2d 593 (Fla. 2d DCA 1984)
- Larry Kent Homes, Inc. v. Empire OF Am. FSA, 474 So. 2d 868 (Fla. 5th DCA 1985)
- Jerline Lee Montgomery Hendricks v. Farrel Bradley Hendricks, 279 So. 2d 905 (Fla. 4th DCA 1973)
- Physicians Weight Loss Ctrs. OF Am., Inc. v. Nicki G. Payne, 461 So. 2d 977 (Fla. 1st DCA 1984)
- Arnold v. Weck, 388 So. 2d 269 (Fla. 4th DCA 1980)