HECTOR DASSO, INDIVIDUALLY, MASHAN CONTRACTORS, INC., A FLORIDA CORPORATION, PHIL GEVAS AND MONIQUE GEVAS, HIS WIFE, APPELLANTS,
v.
TED FERNANDEZ, APPELLEE
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Appellants sought reversal of a circuit court order confirming an arbitration award in a residential purchase and sale agreement dispute. The court affirmed the confirmation, holding that the arbitration panel properly followed AAA rules by not including detailed findings of fact when no written request for such findings was made prior to arbitrator appointment.
The arbitration award was properly confirmed. The panel correctly followed AAA Rule 45, which does not require detailed findings of fact unless requested in writing by all parties prior to arbitrator appointment or unless the arbitrator deems it appropriate. No such request was made, so the panel properly used the AAA-approved form for announcing the award.
[1] An arbitration award will be confirmed if the parties agreed to abide by the rules of the American Arbitration Association and the award complies with those rules.
[2] Arbitrators are not required to provide a written explanation of an award unless requested in writing by all parties prior to the arbitrator's appointment or if the arbit…
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Join FLexlaw to unlock all legal intelligence“The court is not empowered to set aside arbitration awards for mere errors of judgment as to law or facts, or because of equitable principles.”
Establishes the standard that courts cannot overturn arbitration awards simply due to disagreement with the arbitrators' reasoning or conclusions.
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Join FLexlaw to unlock all legal intelligenceA residential purchase and sale agreement containing an arbitration clause was disputed between the parties. The case was submitted to arbitration und…
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PER CURIAM.
Hector Dasso, Mashan Contractors, Inc., Phil Gevas and Monique Gevas seek this court’s reversal of a number of orders by which the circuit court confirmed an arbitration award and entered final judgment in accordance with the award. Our review of the record leads us to affirm the orders of the circuit court. As the order confirming the arbitration award answers the main issue raised before us, we set it forth (paraphrased) and adopt it as our own:
“This case involves the alleged breach of a residential purchase and sale agreement, [which] agreement contains an arbitration clause. The dispute was submitted to the American Arbitration Association [AAA] through which a panel was selected. The parties agreed to adhere to the rules of the AAA. The panel held a 14-day trial, shortly [after which] the panel submitted its written award in favor of plaintiff.1 The defendants 2 then moved to modify the award, claiming that the award is fatally flawed because the panel did not include findings of fact [within it].3 The panel reviewed the motion to modify, and rejected it.
Both parties [had] agreed to proceed under the rules of the AAA. Rule 45 states that any award shall be in writing and signed by a majority of the arbitrators .... The arbitrators [are to] provide a concise, written breakdown of the award, [and if] requested in writing by all parties prior to the appointment of the arbitrator, or if the arbitrator believes it is appropriate to do so, the arbitrator shall provide a written explanation of the award. The panel did not receive such a request prior to the appointment of the arbitrators. Therefore, the panel [correctly] proceeded to follow its rule and used the AAA-approved form for announcing the award.
[As to the remaining issues] the court is not empowered to set aside arbitration awards for mere errors of judgment as to law or facts, or because of equitable principles. Verzura Constr., Inc. v. Surfside Ocean, Inc., 708 So. 2d 994 (Fla. 3d DCA 1998); City of Miami Beach v. Turchin, 641 So. 2d 471 (Fla. 3d DCA 1994).... Accordingly, the arbitration award is confirmed.”
Affirmed.
. Ted Fernandez.
. Hector Dasso, Mashan Contractors, Inc., Phil Gevas, and Monique Givas.
.The defendants contend that the parties' contract required the arbitration panel to include findings of fact.
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Marr v. Webb, 930 So. 2d 734 (Fla. 3d DCA 2006)…he parties’ intent, and we will not disturb their findings on appeal. In the absence of an evident miscalculation, the trial court “is not empowered to set aside arbitration awards for mere errors of judgment as to law or facts.” Dasso v. Fernandez, 831 So. 2d 714, 716 (Fla. 3d DCA 2002) (citations omitted); Expressway Cos., Inc. v. Precision Design, Inc., 882 So. 2d 1016, 1018 (Fla. 3d DCA 2004). Accordingly, we quash the trial court’s order vacating the arbitration award and remand with directions to confi…
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The Expressway Cos., Inc. v. Precision Design, Inc., 882 So. 2d 1016 (Fla. 3d DCA 2004)…ecause a trial court “is not empowered to set aside arbitration awards for mere errors of judgment as to law or facts,” even if Precision, had filed a motion to modify the Award, the trial court could not have granted the motion. Dasso v. Fernandez, 831 So. 2d 714, 716 (Fla. 3d DCA 2002), review denied, 845 So. 2d 889 (Fla.2003); see Verzura Constr., Inc. v. Surfside Ocean, Inc., 708 So. 2d 994, 996 (Fla. 3d DCA 1998)(holding that “awards made by arbitration panels cannot be set aside for mere errors of judgm…
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Gevas v. Fernandez, 905 So. 2d 149 (Fla. 3d DCA 2004)…required down payment. Even if specific performance would be appropriate, it would be inequitable that the sellers had to maintain the property and pay all of the associated expenses during the pendency of the litigation. . See Dasso v. Fernandez, 831 So. 2d 714 (Fla. 3d DCA 2002).…
Authorities Cited
- Verzura Constr., Inc. v. Surfside Ocean, Inc., 708 So. 2d 994 (Fla. 3d DCA 1998)
- City OF Miami Beach v. Turchin/CRS, 641 So. 2d 471 (Fla. 3d DCA 1994)