17 Fla. L. Weekly Supp. 1260a
Online Reference: FLWSUPP 1712ATWEInsurance — Arbitration — Where parties did not request trial de novo within deadline for such request, trial court must enter judgment in accordance with arbitrator’s decision
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (a/a/o Betsy Atwell), Plaintiff, vs. B & L SERVICE, INC., and ELIYAHU SALHOVE, Defendants. B & L SERVICE, INC., Third-Party Plaintiff, vs. BETSY ATWELL, Third-Party Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-10541 COCE (53). August 3, 2010. Robert W. Lee, Judge. Counsel: Robert J. Beckham, Jr., North Miami Beach, for Plaintiff and Third-Party Defendant. J. Clark Dixon, 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 Decision 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 May 27, 2010. The arbitrator served his decision by email and U.S. mail on June 4, 2010. Under Rule 1.820(h), Fla. R. Civ. 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 June 29, 2010.1 No motion for trial has been presented to the Court. 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) [28 Fla. L. Weekly D1795a]. See also Johnson v. Levine, 736 So.2d 1235, 1238 n.3 (Fla. 4th DCA 1999) [24 Fla. L. Weekly D1456a]; Klein v. J.L. Howard, Inc., 600 So.2d 511, 512 (Fla. 4th DCA 1992).
On July 9, 2010, the Plaintiff filed its Motions for Entry of Judgment on Arbitrator’s Decision. 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, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, shall recover from the Defendants, B & L SERVICE, INC. and ELIYAHU SALHOVE, the sum of $7,329.64, plus additional post-judgment interest in the amount of $59.70, plus costs in the amount of $825.00, for a total of $8,214.34, which sum shall hereafter bear interest at the rate of 6% per annum, for which sums let execution issue. The Court reserves jurisdiction on the issue of attorney’s fees and any additional costs.
As for the third-party claim, the Third-Party Plaintiff, B & L SERVICE, INC., shall take nothing in this action, and the Third-Party Defendant, BETSY ATWELL, shall go hence without day.
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1Because of the clear time frames in this case, the Court need not consider whether the five-day mailing period is added when a decision is served by email. The Court notes that when the decision is faxed, the additional five-day period is not added.
