15 Fla. L. Weekly Supp. 186a
Insurance — Arbitration — Enforcement of decision against insurer in absence of request for trial de novo
OSBOURNE J. MORGAN, Plaintiff, vs. FEDERATED NATIONAL INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 06-2260 COCE (53). December 13, 2007. Robert W. Lee, Judge. Counsel: James W. Knight, Jr., Fort Lauderdale, for Plaintiff. Bruce Trybus, Fort Lauderdale, 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 Award filed by the Arbitrator Michael Doddo, 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 November 6, 2007. The arbitrator served his decision on November 15, 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 December 10, 2007. 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 December 10, 2007. 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(e), Fla. R. Civ. P.; Rule 11.060(b)(2), Fla. R. Ct.-Appointed Arb. (2006). Accordingly, it is hereby
ADJUDGED THAT:
The Plaintiff, OSBOURNE J. MORGAN, shall recover from the Defendant, FEDERATED NATIONAL INSURANCE COMPANY, the sum of $2,000.00, 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.
