ELLEN JANKOWSKI, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT PETER JANKOWSKI, ET AL., APPELLANTS,

v.

RICHARD P. WILLE, SHERIFF OF PALM BEACH COUNTY, FLORIDA, ET AL., APPELLEES

Citator

Cited By

• Bacon Fam. P'rs, L.P. v. Apollo Condo. Ass'n, Inc., 852 So. 2d 882 (Fla. 2d DCA 2003)
  …no motion for trial is timely served, then the trial court must enforce the decision of the arbitrator and has no discretion to do otherwise. See Preferred Mut. Ins. Co. v. Davis, 629 So. 2d 259, 260 (Fla. 4th DCA 1993); Klein v. J.L. Howard, Inc., 600 So. 2d 511, 512 (Fla. 4th DCA 1992). A party may properly serve a motion for trial that specifies the part of the arbitrator’s award which the party seeks to challenge. See Venetoff v. Papas, 732 So. 2d 453, 454 (Fla. 2d DCA 1999). ANALYSIS The Association a…
• Preferred Mut. Ins. Co. v. Davis, 629 So. 2d 259 (Fla. 4th DCA 1993)
  …asserted facts which, if true, would be sufficient to show excusable neglect, the trial court apparently concluded that (1) entry of judgment on the arbitration award was mandatory (as, indeed, we have held heretofore in Klein v. J.L. Howard, Inc., 600 So. 2d 511 (Fla. 4th DCA 1992)) and, (2) such being the case, it was without discretion to vacate the judgment notwithstanding the provisions of rule 1.540(a), Florida Rules of Civil Procedure. We see no logical reason why in nonbinding arbitration under sect…
• Efrain Flores Gallardo v. Meredith L. Scott, M.D., 821 So. 2d 1237 (Fla. 5th DCA 2002)
  …d by the court, the arbitrators, nor their opponents, that the nonbinding arbitration verbally ordered by the judge was to be the nonbinding arbitration controlled by section 44.103 and rule 1.820. The defendants rely on Klein v. J.L. Howard, Inc., 600 So. 2d 511 (Fla. 4th DCA 1992) and Johnson v. Levine, 736 So. 2d 1235 (Fla. 4th DCA 1999), for the proposition that the trial court lacked discretion to not make the arbitration award final. In Klein, the plaintiff had apparently sought to avoid entry of judgm…

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Authorities Cited

• Azor J. Everton, Jr. v. Willard, 468 So. 2d 936 (Fla. 1985)
• Krueger v. The Sch. Bd. OF Hernando Cnty., 510 So. 2d 990 (Fla. 5th DCA 1987)
• Bradford v. Metro. Dade Cnty., 522 So. 2d 96 (Fla. 3d DCA 1988)