13 Fla. L. Weekly Supp. 37a
Insurance — Personal injury protection — Arbitration — No merit to argument that only issue of damages could be arbitrated and remaining issue of coverage must be determined by court — Where insurer filed untimely petition for trial de novo, trial court had no discretion but to enter judgment based on arbitrator’s decision
UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. MIAMI CHIROPRACTIC ASSOCIATES, INC., a Florida Corporation (assignee of Louis, Jean), Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 04-15979 CACE 09. L.T. Case No. 04-1631 COSO 62. October 11, 2005. Counsel: Russel Lazega, The Law Offices of Russel Lazega, North Miami. Michael Niemand.
[Lower court judgment published at 12 Fla. L. Weekly Supp. 172b.]
OPINION
(ROBERT LANCE ANDREWS, J.)This is a P.I.P. case. Appellant, United Automobile Insurance Company appeals the trial court’s entry of final judgment pursuant to Florida Statute s. 44.103 and Florida Rule of Civil Procedure 1.820(h) following a non-binding arbitration for which a petition for trial de novo was not timely filed. Appellant does not dispute the untimely petition for trial de novo, but maintains that only the issue of damages could be arbitrated and that the remaining issue of coverage must be determined by the court. This court disagrees and affirms the judgment of the trial court based upon the authority of Connell v. City of Plantation, 901 So.2d 317 (Fla. 4th DCA 2005).
Pursuant to Florida Statute s. 44.103(2), the trial judge is empowered to refer any contested civil matter (or any part thereof) to non-binding arbitration. Florida Rule of Civil Procedure 1.800 (Titled Exclusions from Arbitration) specifically enumerates those categories of actions which may not be referred to arbitration pursuant to Fla. Stat. s. 44.103. Either party, or both, may request a trial de novo within twenty (20) days of the arbitrator’s decision. See Fla. Stat. s. 44.103(5). If neither party timely files a petition for trial de novo, the court has no discretion but to enter judgment based upon the arbitrator’s decision. Connell v. City of Plantation, 901 So. 2d 317, 319 (Fla. 4th DCA 2005); 30 Fla. L. Weekly D1154. Accordingly,
IT IS ORDERED AND ADJUDGED that the final judgment entered by the trial court in this matter is AFFIRMED. Appellee’s Motion for appellate attorney’s fees pursuant to Fla. Stat. s. 627.428(1) is granted and the matter is remanded to the trial court for a determination as to amount.
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