SHEILA PAIGE, APPELLANT,
v.
AMERICAN SECURITY INSURANCE COMPANY, APPELLEE
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Paige appeals the trial court's dismissal of her motion for attorney's fees and costs as untimely. The court erroneously treated an order confirming an arbitration award as a final judgment, triggering a 30-day deadline under Florida Rule of Civil Procedure 1.525. The appellate court reverses, holding that the confirmation order was interlocutory and did not start the clock on the fee motion deadline.
The order granting the motion to confirm the arbitration award is not a final judgment because it lacks words of finality and is therefore interlocutory. Accordingly, the order did not trigger the 30-day deadline in Rule 1.525, and Paige's fee motion was not untimely.
[1] An order confirming an arbitration award is not a final judgment unless it contains words of finality.
[2] A motion for attorney's fees and costs must be served no later than 30 days after the filing of a final judgment.
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Join FLexlaw to unlock all legal intelligence“[u]pon the granting of an order confirming, modifying or correcting an award, judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree.”
The Florida Arbitration Code requirement regarding entry of judgment upon confirmation of an award.
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Join FLexlaw to unlock all legal intelligenceASIC moved to confirm an appraisal award and requested that the court enter a judgment on same. On April 18, 2007, the trial court granted the motion …
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STONE, J.
Paige appeals a final judgment confirming an arbitration award. At issue is an order granting American Security Insurance Company’s (ASIC) motion to strike Paige’s motion for attorney’s fees and costs. The trial court found that the motion for attorney’s fees and costs was untimely served. We reverse.
The trial court erred in finding the fee motion untimely. The court concluded that an order granting ASIC’s motion to confirm the arbitration award was a final judgment that would initiate the thirty day period for serving the fee motion under Florida Rule of Civil Procedure 1.525. Despite reservations, the trial court concluded that an order granting a motion to confirm an arbitration award is a final “judgment” within the meaning of rule 1.525.
In its motion to confirm the appraisal award, ASIC stated that “[i]n order for this case to proceed, this Court must confirm the appraisal award, and a judgment must be entered on same.” On April 18, 2007, the trial court granted the motion to confirm the award. The order included a provision that “[t]he Court will reserve jurisdiction to award attorney’s fees and costs.” On June 4, 2007, Paige moved to tax attorney’s fees and costs.
At the hearing, the trial judge repeatedly questioned why Paige’s counsel had not asked for a final judgment.
MS. GARBER [Paige’s counsel]: Your Honor, in appraisal context, the Florida Arbitration code applies....
THE COURT: I confirmed [the appraisal award]. You haven’t moved for a judgment in how many months?
MS. GARBER: Your Honor, there is no rule requires [sic] us to move for a judgment after the order was confirmed.
THE COURT: Excuse me. Let’s talk about what you are here for. Why you haven’t moved for a judgment, and what else needs to be done. Let’s talk about that. As far as I was concerned, once we confirmed it, there was nothing else for me to do. If you chose not to get a final judgment that’s your choice but it’s a done deal.
The court insisted that Paige’s counsel “thought it [order granting the motion to confirm the appraisal award] was final. You operated as if it was final then is what you’re telling me .... [y]ou haven’t acted as if you are expecting a judgment is what I’m telling you.” Ms. Garber replied, “[t]here was no deadline for us to act to.”
Upon Paige’s motion, final judgment was subsequently entered in September. The Florida Arbitration Code provides, in relevant part, that “[u]pon the granting of an order confirming, modifying or correcting an award, judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree.” § 682.15, Fla. Stat. (emphasis added).
Rule 1.525 provides that
Any party seeking a judgment taxing costs, attorneys’ fees, or both shall serve a motion no later than 30 days after filing of the judgment, including a judgment of dismissal, or the service of a notice of voluntary dismissal.
Rule 1.525, Fla. R. Civ. P. (emphasis added).
The instant order granting the motion to confirm the arbitration award is not a final judgment because the order lacks words of finality. See City of Tallahassee v. Big Bend PBA, 703 So. 2d 1066, 1067 (Fla. 1st DCA 1997); Health Care Assocs., Inc. v. Brevard Physicians Group, P.A., 701 So. 2d 118, 118-19 (Fla. 5th DCA 1997).
Because the order was interlocutory and not a judgment, the order did not trigger the thirty-day cap provided in rule 1.525 for serving the motion. We remand for further proceedings on the motion for attorney’s fees and costs.
FARMER and KLEIN, JJ., concur.
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Suarez v. Coral Gables Imports, Inc. (Fla. 3d DCA 2020)…g the initial summary judgment order constituted a final order “that would initiate the thirty day period for serving the fee motion under Florida Rule of Civil Procedure 1.525,” the court denied the request as untimely. Paige v. Am. Sec. Ins. Co., 987 So. 2d 128, 129 (Fla. 4th DCA 2008). CGI’s instant appeal ensued. STANDARD OF REVIEW The determination of the finality of an order is a “pure question of law and is, therefore, subject to de novo review.” M.M. v. Fla. Dep’t of Children & Families, 189 So. 3d…
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Coral Gables Imports, Inc. v. Suarez (Fla. 3d DCA 2020)…g the initial summary judgment order constituted a final order “that would initiate the thirty day period for serving the fee motion under Florida Rule of Civil Procedure 1.525,” the court denied the request as untimely. Paige v. Am. Sec. Ins. Co., 987 So. 2d 128, 129 (Fla. 4th DCA 2008). CGI’s instant appeal ensued. STANDARD OF REVIEW The determination of the finality of an order is a “pure question of law and is, therefore, subject to de novo review.” M.M. v. Fla. Dep’t of Children & Families, 189 So. 3d…
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Ward v. Rivka Lieber (Fla. 4th DCA 2023)…ivil Procedure 1.525. Instead, the plaintiff’s notice of voluntary dismissal disposed of the action as to both parties and triggered the 30-day time frame for filing the attorney’s fees motion. See Fla. R. Civ. P. 1.525; Paige v. Am. Sec. Ins. Co., 987 So. 2d 128 (Fla. 4th DCA 2008). We reverse and remand the case for the trial court to vacate the order denying the defendant’s motion for rehearing, vacate its order on the plaintiff’s motion for reconsideration/rehearing and reenter its initial order grantin…
Authorities Cited
- City OF Tallahassee v. BIG Bend PBA and Tom Maureau, 703 So. 2d 1066 (Fla. 1st DCA 1997)
- Health Care Assocs., Inc. v. Brevard Physicians Grp., P.A., 701 So. 2d 118 (Fla. 5th DCA 1997)