WALLACE B. HINSHAW, JR., APPELLANT,
v.
WACHOVIA BANK, N.A., F/K/A FIRST UNION NATIONAL BANK, APPELLEE
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PLEUS, C.J.
Given the absence of a timely challenge to the arbitration award or presenta tion of a viable issue to the trial court which had not been submitted to arbitration, the trial court was correct in confirming the arbitration award and entering final judgment in favor of Wachovia. §§ 682.12, 682.13, 682.15, Fla. Stat. See A-1 Roofing v. Select Contracting, Inc., 865 So. 2d 601 (Fla. 3d DCA 2004). See also Meade v. Lumbermen’s Mutual Cas. Co., 423 So. 2d 908 (Fla.1982).
Hinshaw also challenges the separate, post-judgment order awarding Wa-chovia attorney’s fees and costs. However, Hinshaw’s failure to direct a timely notice of appeal to this final, distinct order precludes appellate review. See Mendoza v. Mendoza, 842 So. 2d 1020 (Fla. 5th DCA 2003); Miller v. Nassofer, 484 So. 2d 619 (Fla. 5th DCA 1986). See also Bove v. Ocwen Financial Corp., 763 So. 2d 347 (Fla. 4th DCA 1998).
AFFIRMED.
GRIFFIN and LAWSON, JJ., concur.
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BOG Twelve Zahav FL, LLC v. White Hawk Asset Mgmt., Inc. (Fla. 2d DCA 2024)…the circuit court which had not been submitted to arbitration, the circuit court must confirm the arbitration award. See Nucci, 82 So. 3d at 183 (citing Schnurmacher Holding, Inc., 542 So. 2d 1327, 1328 (Fla. 1989)); Hinshaw v. Wachovia Bank, N.A., 935 So. 2d 86, 86-87 (Fla. 5th DCA 2006) ("Given the absence of a timely challenge to the arbitration award or presentation of a viable issue to the trial court which had not been submitted to arbitration, the trial court was correct in confirming the arbitration…
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Kely Bernardes v. Morrison Mgmt. Specialists, Inc. (Fla. 3d DCA 2025)
Authorities Cited
- Meade v. Lumbermens Mut. Cas. Co., 423 So. 2d 908 (Fla. 1982)
- Abercrombie v. Polk Cnty., 865 So. 2d 601 (Fla. 2d DCA 2004)
- Miller v. Lorrie Nassofer, 484 So. 2d 619 (Fla. 5th DCA 1986)
- Mendoza v. Mendoza, 842 So. 2d 1020 (Fla. 5th DCA 2003)
- Bove v. Ocwen Fin. Corp., 763 So. 2d 347 (Fla. 4th DCA 1998)