13 Fla. L. Weekly Supp. 743a
Insurance — Personal injury protection — Arbitration — Where insurer filed motion for trial de novo after expiration of time for requesting trial de novo and five-day mailing period, court is required to enter judgment in accordance with arbitrator’s decision
TRUMAN DIGGS, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 04-17715 COCE (53). April 12, 2006. Robert W. Lee, Judge. Counsel: Travis Greene, Fort Lauderdale, for Plaintiff. T. Roger White, Jr., Coral Gables, for Defendant. Andrea L. Kessler, Fort Lauderdale, Arbitrator.
FINAL JUDGMENT ON ARBITRATOR’S DECISION IN FAVOR OF PLAINTIFF
THIS CAUSE came before the Court for consideration of the notice of filing Arbitration Award filed by the Arbitrator Andrea L. Kessler, 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 her decision on March 8, 2006. 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” (emphasis added). 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 failed to timely make a request for a trial de novo. The Defendant filed a motion for trial de novo on April 7, 2006, which was several days after the deadline passed including the 5-day period for mailing. 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
ADJUDGED THAT:
The Plaintiff shall recover from the Defendant, UNITED AUTOMOBILE INSURANCE COMPANY, the sum of $13,648.00, plus prejudgment interest as set forth in Florida Statute §627.736 from the date of inception of the bills, all of which such sums shall hereafter bear interest at the rate of 9% per annum, for which sums let execution issue. The Plaintiff is also entitled to an award of attorney’s fees and costs, and the Court reserves jurisdiction to determine the amount of prejudgment interest, fees, and costs.
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