ELAINE HUTCHINSON
v.
MNBA AMERICA BANK
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Appellant Elaine Hutchinson appeals the lower court's confirmation of an arbitration award in favor of MNBA America Bank on a credit card debt. The appellate court affirmed, holding that Appellant's challenge filed over two years after the arbitrator's award was untimely under the Florida Arbitration Code's strict ninety-day requirement.
The trial court properly confirmed the arbitration award because Appellant failed to timely file a motion to vacate within the ninety-day statutory period required by the Florida Arbitration Code. Even if the challenge had been timely, Appellant's contentions were without merit.
[1] A trial court lacks discretion to amend an arbitrator's award if a party fails to file a motion to vacate or other challenge within ninety days of the award's delivery.
[2] A trial court must confirm an arbitration award when no timely challenge is filed.
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Join FLexlaw to unlock all legal intelligence“if a party does not file a motion to vacate or other challenge within ninety days of the date of the delivery of the arbitrator's award, a trial court does not have discretion to amend the arbitrator's award and it must confirm the award”
Establishes the strict statutory requirement for timely challenges to arbitration awards under the Florida Arbitration Code
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Join FLexlaw to unlock all legal intelligenceAppellant's deceased husband allegedly incurred credit card charges, and MNBA America Bank sought recovery through arbitration. The arbitrator deliver…
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Before POWELL, EVANS, T. SMITH, J.J.
PER CURIAM.
FINAL ORDER AFFIRMING LOWER COURT
Appellant Elaine Hutchinson timely appeals the lower court’s Order Confirming Arbitration Award, entered January 15, 2008, and Final Judgment in favor of Appellee MNBA America Bank, also entered January 15, 2008. This Court has jurisdiction pursuant to Florida Rule of Appellate Procedure 9.030(c)(1)(A). We dispense with oral argument pursuant to Florida Rule of Appellate Procedure 9.320. Appellant asserted in her affidavit of objections to the motion to confirm and now contends in her initial brief that her husband, now deceased, was solely liable on the credit card agreement. She further asserts that there is no evidence of any application, credit card, or charge slip, signed by her. For the reasons expressed below, this Court affirms the lower court’s orders.
This case is governed by Chapter 682 of the Florida Statutes, also known as the Florida Arbitration Code. Cases decided under the Florida Arbitration Code have strictly and uniformly held that if a party does not file a motion to vacate or other challenge within ninety days of the date of the delivery of the arbitrator’s award, a trial court does not have discretion to amend the arbitrator’s award and it must confirm the award. See Carter v. State Farm Mut. Auto. Ins. Co., 224 So. 2d 802 (Fla. 1st DCA 1969); Lopez & Roque Tile Co. Inc. v. Clearwater Dev. Corp., 291 So. 2d 126 (Fla. 2d DCA 1974); Travelers Ins. Co. v. Allen, 356 So. 2d 1287 (Fla. 3d DCA 1978); Haskell v. Forest Land and Timber Co., 408 So. 2d 811 (Fla. 1st DCA 1982); Mead v. Lumbermans Mut. Cas. Co., 423 So. 2d 908 (Fla. 1982); Moya v. Bd. of Regents, 629 So. 2d 282 (Fla. 5th DCA 1993); Am. Reliance Ins. Co. v. Devecht, 820 So. 2d 378 (Fla. 4th DCA 2002).
The arbitrator’s award was delivered to Appellant on or about February 28, 2005. Appellant never filed a motion to vacate, modify, or correct the award.1 Her challenge to the arbitrator’s award was in the form of an affidavit of objections filed on June 11, 2007, more than two years after the date of delivery of the award. Consequently, we find that the lower court was correct in disregarding Appellant’s affidavit, confirming the arbitration award, and entering final judgment in favor of Appellee.
2009.
_______/s/_____________________
ROM W. POWELL Senior Judge
______/s/_______________________ ________/s/____________________ ROBERT M. EVANS
THOMAS B. SMITH Circuit Judge
Circuit Judge
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing order was furnished via U.S. mail on this __25____ day of ______November___________, 2009, to the following: Eric L. Bolves, Esquire, 2110 East Robinson Street, Orlando, FL 32803 to Richard Battaglino, Esquire, 1045 South University Drive, Suite 202, Plantation, FL 33324.
_______/s/_______________________
Judicial Assistant
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Meade v. Lumbermens Mut. Cas. Co., 423 So. 2d 908 (Fla. 1982)
- King S. Carter et ux. v. State Farm Mut. Auto. Ins. Co., 224 So. 2d 802 (Fla. 1st DCA 1969)
- The Travelers Ins. Co. & the Travelers Indem. Co. v. Allen, 356 So. 2d 1287 (Fla. 3d DCA 1978)
- Moya v. Bd. of Regents, 629 So. 2d 282 (Fla. 5th DCA 1993)
- Lopez & Roque Tile Co., Inc. v. Clearwater Dev. Corp., 291 So. 2d 126 (Fla. 2d DCA 1974)
- Haskell v. Forest Land & Timber Co., 408 So. 2d 811 (Fla. 1st DCA 1982)
- Am. Reliance Ins. Co. v. Devecht, 820 So. 2d 378 (Fla. 3d DCA 2002)