15 Fla. L. Weekly Supp. 278b
Arbitration — Where neither party filed motion for trial de novo within twenty days of service of arbitrator’s decision, court must enforce decision
ANTHONY SGRO, Plaintiff, vs. ARMSTRONG TRAILER MANUFACTURING CO., INC., a Florida corporation; M.S.A. ENTERPRISES, INC., a Florida corporation; MARK HARRISON; and BRUCE HUNT, Defendants. County Court, 17th Judicial Circuit in and for Broward County. Case No. 05-8674 COCE (53). November 28, 2007. Robert W. Lee, Judge. Counsel: Riley Cirulnick, Fort Lauderdale, for Plaintiff.
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 Thomas S. Eustis, 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 May 22, 2007. The arbitrator served his decision on or before October 29, 2007. Under Rule 1.820(h), Fla. R. Crim. P., 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 November 23, 2007. Because this was a Court holiday, the deadline continued until November 26, 2007. No party 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 although the Defendants failed to appear at the arbitration hearing, the arbitrator conducted “a hearing which provide[d] both parties the opportunity to present their respective positions.” Rule 1.820(e), Fla. R. Civ. P.; Rule 11.060(b)(2), Fla. R. Ct.-Appointed Arb. (2006). Accordingly, it is hereby
ADJUDGED THAT:
The Plaintiff, ANTHONY SGRO, P.A., shall recover from the Defendants, ARMSTRONG TRAILER MANUFACTURING CO., INC., a Florida corporation; M.S.A. ENTERPRISES, INC., a Florida corporation; MARK HARRISON; and BRUCE HUNT, all jointly and severally, the sum of $11,100.00, attorney’s fees in the amount of $6,650.00, and costs in the amount of $355.00, all of which sums shall hereafter bear interest at the rate of 11% per annum, for which sums let execution issue.
