15 Fla. L. Weekly Supp. 632b
Insurance — Personal injury protection — Arbitration — Where parties did not request trial de novo within deadline for such request, court must enforce decision of arbitrator
A-1 OPEN MRI, INC., (a/a/o Lekisha Hicks), Plaintiff, vs. STATE FARM FIRE AND CASUALTY COMPANY, Defendant.County Court, 17th Judicial Circuit in and for Broward County. Case No. 06-8203 COCE (53). March 28, 2008. Robert W. Lee, Judge. Counsel: Aura Brooks, North Miami, for Plaintiff. Michael A. Rosenberg, Deerfield Beach, for Defendant.
FINAL JUDGMENT ON ARBITRATOR’S DECISION IN FAVOR OF PLAINTIFF
THIS CAUSE came before the Court for consideration of the notice of filing Arbitration Decision filed by the Arbitrator Robert J. Buchner, 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 arbitration hearing was held on February 26, 2008. The arbitrator served his decision by U.S. mail on February 28, 2008. Under Rule 1.820(h), Fla. R. Crim., any party objecting to the decision had 20 days to file a request for trial de novo. Adding a five-day mailing period required under the rules, the deadline to request a trial de novo was therefore on or before March 24, 2008. No motion for trial has been presented to the Court. The Court further confirmed with the Clerk of Courts that it is current with its docketing of filed matters through the deadline date. No party has filed a motion for trial. As a result, the 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). Accordingly, the Court has this day unsealed the Arbitrator’s decision. A review of the thorough decision reveals that the arbitrator conducted “a hearing which provide[d] both parties the opportunity to present their respective positions.” Rule 1.820(b), Fla. R. Civ. P.; Rule 11.060(b)(2), Fla. R. Ct.-Appointed Arb. (2008). Accordingly, it is hereby
ADJUDGED THAT:
The Plaintiff, A-1 OPEN MRI, INC., shall recover from the Defendant, STATE FARM FIRE AND CASUALTY COMPANY, the sum of $23.09, which sum shall hereafter bear interest at the rate of 11% per annum, for which sums let execution issue. The Plaintiff is also entitled to an award of fees and costs, as determined by the arbitrator, which the Court reserves jurisdiction to determine as to amount.
