GREENE
v.
WARD
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Greene appealed a judgment requiring him to pay a real estate commission following an arbitration award and jury verdict. The Florida Supreme Court affirmed the judgment, finding both the arbitration proceeding and jury trial were regular and free of error.
The judgment is affirmed. Both the arbitration proceeding and the jury trial were regular in all respects and free of error, and Greene must pay the $1,333.33 award.
“instead of going into equity to have the award set aside, Glens Falls Ins. Co. v. Gulf Breeze Cottages, Inc., Fla., 38 So. 2d 828, he just refused to pay it”
Establishes that the proper remedy for disputing an arbitration award is equitable relief, not refusal to pay
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGreene and Ward agreed to submit their dispute over a real estate commission to arbitration before the Arbitration Commission of the Daytona Beach Boa…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Arbitration Award Enforcement cases and more on FLexlaw
DREW, Justice.
A dispute arose between Robert A. Greene, the appellant, and Helen C. Ward, the appellee, over the division of a real estate commission. They agreed in writing to submit the matter to arbitration before the Arbitration Commission of the Day-tona Beach Board of Realtors and to comply with the decision of that Board. After hearings before the Board, participated in by both parties, a decision was rendered finding that appellant owed appellee $1,333.-33.
Appellant was dissatisfied with the decision, but instead of going into equity to have the award set aside, Glens Falls Ins. Co. v. Gulf Breeze Cottages, Inc., Fla., 38 So. 2d 828, he just refused to pay it, whereupon appellee brought an action at law in two counts, the first on the agreement to pay the commission and the second on the award of the Committee of the Board of Realtors. A trial was held, resulting in a jury verdict in favor of appellee for $1,333.33, on which a final judgment was entered. Motion for new trial was denied.
Appellant has been twice convicted of failing to pay a just obligation, first by his brother real estate brokers and, second, by a jury of his neighbors. We find that both proceedings were regular in all respects and free of error. The judgment is affirmed.
ROBERTS, C. J., and THOMAS and HOBSON, JJ., concur.