LEWIS & PEAT COFFEE, INC. APPELLANT,
v.
CONDOR GROUP, INC. APPELLEE
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FERGUSON, Judge.
A clause in the parties’ commercial contract provided: Arbitration is the sole remedy hereunder and it shall be held in accordance with the law of New York State, and judgment of any award may be entered in the courts of that State, or in any other court of competent jurisdiction.
Condor Group, Inc., the appellee, is a Florida corporation. After successfully arbitrating a dispute with Condor in New York, the appellant, Lewis & Peat Coffee, Inc., filed this action in Dade County for confirmation of the arbitration award. It was dismissed for lack of jurisdiction.
Contrary to the decision of the trial court, we hold that the Dade County Circuit Court is a court of competent jurisdiction to confirm the award. See Murphey v. Dean Witter & Co., 392 So. 2d 286 (Fla. 4th DCA 1980) (Anstead, J. concurring specially) (Florida court had jurisdiction to confirm arbitration award even though the award was made in New York). By terms of the parties’ agreement, any court with jurisdiction over the parties and the subject matter was empowered to confirm or vacate the award.
Reversed and remanded for further consistent proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Katsock v. Kulbaski, 985 So. 2d 55 (Fla. 4th DCA 2008)…provided that a judgment on the arbitration award could be rendered “in any court, state or federal, having jurisdiction.” Thus, it was proper for Kulbaski to seek confirmation in a Florida court. See Lewis & Peat Coffee, Inc. v. Condor Group, Inc., 588 So. 2d 316 (Fla. 3d DCA 1991). Contrary to appellants’ contention, Kulbaski properly filed a complaint seeking confirmation, since a civil action is typically commenced in Florida by the filing of a complaint or petition. See Fla. R. Civ. P. 1.050. Affirmed.…
Authorities Cited
- Murphey v. Dean Witter & Co., 392 So. 2d 286 (Fla. 4th DCA 1980)