DADE COUNTY POLICE BENEVOLENT ASSOCIATION, APPELLANT,
v.
CITY OF HOMESTEAD, FLORIDA, APPELLEE

Fla. 3d DCA | 1994-08-09
No. 94-382
Before SCHWARTZ, C.J., and BASKIN and COPE, JJ.
642 So. 2d 24 Florida District Court of Appeal, Third District (1994) Positive Treatment
Cited by 2 cases

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Synopsis

The Dade County Police Benevolent Association challenged a trial court's vacation of an arbitration award concerning a police officer's demotion. The court reversed, holding that when an arbitration award is patently ambiguous, the trial court must remand for clarification rather than simply vacate it.


Holding

The trial court erred by merely vacating the award without remanding it to the arbitrator for clarification. When an arbitration award is patently ambiguous, the proper remedy is to remand the matter to the arbitrator for clarification under Florida Statute § 682.10, or in the alternative, to vacate and order a rehearing under § 682.13(3).


Headnotes

[1] An arbitration award that is patently ambiguous is susceptible of conflicting interpretations and precludes a trial court from rendering meaningful consideration of a mot…

[2] When an arbitration award is ambiguous, a trial court should remand the matter to the arbitrator for clarification.

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Key Quotes

“Under Florida law, ... arbitration is a favored means of dispute resolution and courts indulge every reasonable presumption to uphold proceedings resulting in an award.”

Establishes the strong presumption in favor of upholding arbitration awards under Florida law

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Facts & Procedural History

An arbitration proceeding was conducted regarding an employee's grievance that he was improperly demoted. The arbitrator's award stated that 'just cau…

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Opinion of the Court
BASKIN, Judge.

BASKIN, Judge.

The Dade County Police Benevolent Association appeals an order vacating an arbitration award on motion of the City of Homestead. We reverse.

The court vacated the award based on a finding that the arbitrator exceeded his power pursuant to section 682.13(l)(c), Florida Statutes (1993).

The award followed an arbitration proceeding on an employee’s grievance that he was improperly demoted. The award states that “just cause” existed for the grievant’s demotion; however, the award apparently and inconsistently concludes that the demotion penalty was “too excessive and severe.” Thus, the award is susceptible of both a finding that “just cause” did exist for the demotion as well as an opposite finding that it did not exist. Logically, if “just cause” existed for the demotion, the demotion would not have been excessive or too severe. “Under Florida law, ... arbitration is a favored means of dispute resolution and courts indulge every reasonable presumption to uphold proceedings resulting in an award.” Roe v. Amica Mut. Ins. Co., 533 So. 2d 279, 281 (Fla.1988).

Here, however, the award is patently ambiguous, thereby precluding the trial court from rendering meaningful consideration of the motion to vacate the award.

The trial court, therefore, should have remanded the matter to the arbitrator for clarification, § 682.10, Fla.Stat. (1993),1 or vacated the award and ordered a rehearing. § 682.13(3), Fla.Stat. (1993).

See Zac Smith & Co. v. Moonspinner Condominium Ass’n, Inc., 534 So. 2d 739 (Fla. 1st DCA 1988) (where award is ambiguous as to arbitrators’ intent concerning costs claim, ease remanded to trial court for further proceedings which may include ordering a rehearing before arbitrators); District School Bd. of St. Johns County v. Timoney, 524 So. 2d 1129, 1131 (Fla. 5th DCA 1988) (if trial court finds that arbitration award was a nullity, the remedy is to remand for further consideration to arbitration panel).

See generally Davidson v. S.S. Jacobs Co., 93 So. 2d 731, 735 (Fla. 1957) (where arbitration report is, inter alia, not “in clear explanatory language,” report is improper and amounts to no arbitration, remand to arbitration panel necessary).

Accordingly, we hold that the trial court erred in merely vacating the award; we reverse the order and remand with directions that the trial court order the arbitrator to revisit the matter for clarification.

Reversed and remanded.

. "If an application to the court for ... vacation ... of an arbitration award is pending, on submission to the arbitrators ... by the court under such conditions as the court may order, the arbitrators ... may modify or correct the award for purposes of clarifying the award....'' 4 Fla. Jur.2d Arbitration and Award § 77 (1994); School Bd. of Seminole County v. McGregor, 383 So. 2d 694, 695 (Fla. 5th DCA 1980) (trial court has authority to refer matter back to arbitrator upon 682.13 motion); Ainsworth v. Skurnick, 909 F. 2d 456, 457 (11th Cir.1990) ("When an arbitration award can be interpreted in a variety of ways, it is normal to remand for clarification. ”).


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Citator

Cited By

  • Andrew H. Warner, Inc. v. Siga, Inc., 690 So. 2d 626 (Fla. 4th DCA 1997)
    …this opinion, or it can submit the award to the arbitration panel for clarification pursuant to sections 682.10 and 682.12, Florida Statutes (1993). See Timoney, 524 So. 2d at 1131; see also Dade County Police Benevolent Ass’n v. City of Homestead, 642 So. 2d 24, 25 (Fla. 3d DCA 1994). REVERSED AND REMANDED for further proceedings consistent with this opinion. GLICKSTEIN and STEVENSON, JJ., and BROWN, LUCY C., Associate Judge, concur.…

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