12 Fla. L. Weekly Supp. 587a
Arbitration — Insurance — Where time to make request for trial de novo has passed without either party filing motion, court unseals arbitrator’s decision and enters judgment in accordance with decision
POLLIE BANKS CLARK, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 04-19783 COCE (53). April 5, 2005. Robert W. Lee, Judge. Counsel: Christopher M. Tuccitto, North Miami, for Plaintiff. Michael G. Joyce, Coral Gables, for Defendant.
FINAL JUDGMENT ON ARBITRATOR’SDECISION IN FAVOR OF PLAINTIFF
THIS CAUSE came before the Court for consideration of the Notice of Filing Sealed Arbitration Award filed by the Arbitrator Richard S. Zaifert, and the Court’s having reviewed the docket, the entire Court file, and the relevant legal authorities; and having been sufficiently advised in the premises, the Court finds as follows:
This case was submitted to mandatory arbitration. The arbitrator served his decision on March 11, 2005. Under Rule 1.820(h), Fla. R. Crim. P., a motion for trial de novo must be “made” within 20 days of the service of the arbitrator’s decision. Under Florida law, “a party has the right to move for a trial within twenty days after service of the arbitrator’s decision. If no motion for trial is timely served, then the trial court must enforce the decision of the arbitrator and has no discretion to do otherwise.” Bacon Family Partners, L.P. v. Apollo Condominium Ass’n, 852 So.2d 882, 888 (Fla. 2d DCA 2003). See also Johnson v. Levine, 736 So.2d 1235, 1238 n.3 (Fla. 4th DCA 1999); Klein v. J.L. Howard, Inc., 600 So.2d 511, 512 (Fla. 4th DCA 1992). In the instant case, the parties had until March 31, 2005 to make a request for a trial de novo. Neither party filed a motion for trial de novo. As a result, the Court is required to enter judgment in accordance with the Arbitrator’s decision. See Gossett & Gossett, P.A. v. Fleming, 10 Fla. L. Weekly Supp. 839 (Broward Cty. Ct. 2003). Accordingly, the Court has this day unsealed the Arbitrator’s decision, and it is hereby
IT IS ADJUDGED THAT:
The Plaintiff shall recover from the Defendant, UNITED AUTOMOBILE INSURANCE COMPANY, the sum of $375.00, which shall bear interest at the rate of 7% per annum, for which sum let execution issue. The Plaintiff is also entitled to award of attorney’s fees and costs, and the Court reserves jurisdiction to enter an award for such sums.
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