Florida/Georgia Personal Injury & Workers Compensation

which is 90 days. See Fla.Stat.Ann. § 682.13(2) (West Supp.1987). We must disagree with the

this case. 25. The similarity between Fla.Stat. 682.13(1) and 9 U.S.C. 10(b) of the United States

none of the statutorily enumerated grounds of section 682.13(1), Florida Statutes (1985), existed for vacating

the "evident partiality" of the arbitrators. See § 682.13(1)(b), Fla. Stat.; 9 U.S.C. § 10(a)(2). The trial

judicial review in circuit court permitted by section 682.13 will not permit a judicial review of such a

affecting the merits of the controversy." Last, section 682.13 provides a list of criteria upon which an award

arbitrator within the meaning of Fla.Stat.Ann. § 682.13(l)(b); material questions of fact precluded summary

Timoney, 524 So.2d 1129 (Fla. 5th DCA 1988). Section 682.13(1), Florida Statutes (1987) sets forth the

of the five statutory grounds set forth in section 682.13(1)(a)-(e), Florida Statutes (2002). See Commc'ns

application of Fla.Stat. 682.13(1) to the conduct of a neutral arbitrator. Fla.Stat. 682.13 differs from

appeal, Boyhan seeks to invoke the language of section 682.13(b),[2] which requires the court to vacate an

vacation of an arbitration award. Fla.Stat. Ann. § 682.13(2). In the absence of guidance from the Supreme

exceeded their powers, and thus pursuant to section 682.13(1)(c) the trial court should have vacated this

the appellant to vacate the award pursuant to § 682.13, Fla. Stat., F.S.A., entered its judgment dismissing

to vacate the arbitration award, pursuant to section 682.13(1)(b) and (c), Florida Statutes, which provides:

that the arbitrator exceeded his powers under section 682.13(1), Florida Statutes. For the following reasons

ground for vacating or modifying the award. See § 682.13(1), Fla. Stat. (1983); Lake County Education Association

reasonableness of School Board's policies and rules." Section 682.13, Florida Statutes (1975), provides the exclusive

the claim for costs was merely overlooked. Section 682.13(1)(d), Florida Statutes, provides that the

contains the same time requirements. Fla.Stat. § 682.13(2) (West Supp.1983).[8] Plaintiff reasons that

is hereby set aside and vacated pursuant to F.S. 682.13(e)(3) and a rehearing before the Arbitrator is

DOWNEY, Senior Judge, concur. NOTES [1] See § 682.13, Fla. Stat. (1993). [2] See § 682.14, Fla.Seat

award except upon those grounds set forth in section 682.13(1), Florida Statutes (2002). See Schnurmacher

statutory grounds specifically enumerated in section 682.13, Florida Statutes (1993). Thus, because Verzura's

confirming an arbitrator's award pursuant to section 682.13(4), Florida Statutes (1995), without entering

except upon one of the five grounds set forth in section 682.13(1), Florida Statutes. That statute, pertaining

authority granted to trial courts for that purpose. § 682.13-.14, Fla. Stat. (1989). Accordingly, the trial

the Florida statute governing arbitration. Section 682.13(2) Florida Statutes (1983). The failure of

...However, the arbitration agreements at issue in this case were entered into in 2008 and 2011. (Kendall sold Dayron Ortega a new automobile in 2008, and sold Erislandis Marquez and Dianellys Y. Diaz a used automobile in 2011). The RFAC “governs an agreement to arbitrate made on or after July 1, 2013.” § 682.013, Fla....

law but only upon one of the statutory grounds. § 682.13, Fla. Stat. (1981); Dairyland Insurance Co. v

upon the grounds specified in Florida Statute § 682.13. Soler argues that the trial court lacked the

appeal except as provided by Florida law. See § 682.13(1)(a)-(e), Fla. Stat. (2001); Schnurmacher Holding

...(2012) ("[The court] shall summarily hear and determine the issue ....”), with § 682.03(l)(b), Fla. Stat. (2013) ("[T]he court shall proceed summarily to decide the issue....”). The Legislature's intent is clear that the Revised Florida Arbitration Act applies prospectively. See § 682.013(3), Fla....

Code, Chapter 682, Florida Statutes (1981). Section 682.13 provides five grounds on which a trial court

682.12, 682.13, 682.14, Fla. Stat. (1987). [3] § 682.13(1)(a-e), Fla. Stat. (1987).

by fraud or corruption within the meaning of Section 682.13(1)(a), (b), Florida Statutes (1979). The foundation

challenge the arbitration award is through section 682.13(1), Florida Statutes,2 within the Arbitration

remanded with directions. 1 . Section 682.13(1) provides: (1) Upon motion of a party

setting aside an arbitration award pursuant to section 682.13(1)(c), Florida Statutes (2004). Because this

and failed to meet the statutory criteria. See § 682.13, Fla. Stat. (2011). As such, the entry of final

appellee's motion to confirm the award was barred by § 682.13(1)(c), in that by refusing to consider medical

original award was “subject to change” pursuant to Section 682.13(l)(d) of the Florida Statutes, which states:

filing objections to the award as provided in section 682.13 does not apply to a void award. 3 Fla.Jur.

Bradstreet, 727 So.2d 372 (Fla. 5th DCA 1999)). Section 682.13(1), Florida Statutes (2005), enumerates five

demonstrating why the award should not be confirmed. See § 682.13, Fla. Stat. (1991). A former statute providing

vacate, modify, or clarify the award pursuant to section 682.13, Florida Statutes. In the absence of such a

exceeded the scope of his jurisdiction. We agree. Section 682.13(1), Florida Statutes, sets forth the only grounds

the merits of the controversy. * * * * * *" F.S. 682.13, F.S.A. provides that upon application of a party

5, 1994, a final judgment was entered under section 682.13(c) and 682.14(1)(b) granting Wood $128,193

present case exceeded his powers in violation of section 682.13(1)(c), Florida Statutes (1989). Appellee argued

that the arbitrators had "exceeded their powers." § 682.13(1)(c), Fla. Stat. (1993). But the amount of the

1995), modified, 85 F.3d 519 (11th Cir.1996); § 682.13, Fla.Stat. (1995); Schnurmacher Holding, Inc.

procured by ... undue means." 9 U.S.C. § 10; see also § 682.13(1)(a), Fla. Stat. (1989). It is well settled that

were the three grounds asserted in the motion. Section 682.13 of Chapter 682 Fla. Stat., F.S.A., the Florida

of the five statutory grounds set forth in section 682.13(1)(a)-(e), Florida Statutes (2004). See Commc'ns

confirm the award." (quoting Fla. Stat. § 682.13 )); Computer Task Grp. ,

award in favor of Gusi must be vacated under section 682.13(1)(e), Florida Statutes (1997) (providing an

one of the statutorily enumerated grounds in section 682.13(1), Florida Statutes (2007), of the Florida

accordance with the provisions set forth in section 682.13(3), Florida Statutes (1989).[1] Upon receipt

actions to vacate arbitration awards. See Fla.Stat. § 682.13. This approach has not been adopted by this court

that existing Florida law provides for such. Section 682.13, Florida Statutes (2008), authorizes a narrow

379 (Fla. 3d DCA 2002) (citing Florida Statute § 682.13 while confirming an appraisal award); also Allstate

provided in §§ 682.13 and 682.14. [3] See Fla. Stat. § 682.13 (1991). [4] See Fla. Stat. § 682.14 (1991). [5]

Holding v. Noriega, 542 So.2d 1327 (Fla. 1989); § 682.13, Fla. Stat. (2005). A court *1115 must consider

asked the trial court to vacate the award. See § 682.13(1). He argued to the trial court that the Partners

exceeded his authority within the meaning of section 682.13, Florida Statutes, is an issue of law subject

vacated because the arbitrator made an error of law. § 682.13, Fla. Stat. (1991); Schnurmacher Holding, Inc

appears to be settled that under the provisions of § 682.13(1)(e), Fla. Stat., F.S.A., an award of arbitration

appellant. [4] Ch. 682, Fla. Stat., F.S.A. [5] § 682.13(1), Fla. Stat., F.S.A. provides for the following

award within the 90-day time period set out in § 682.13, Florida Statutes (1981). We accordingly directed

did not move to vacate the award pursuant to section 682.13(1)(c), Florida Statutes (2005), or move to

arbitration hearing without raising the objection." Section 682.13(1)(e), Florida Statutes (1981). The latter

provisions. However, there are cases interpreting section 682.13 which hold that the partiality of an arbitrator

decision is limited to the grounds set forth in section 682.13(1), Florida Statutes. Schnurmacher Holding

aside the award based on arbitrator misconduct. Section 682.13(1)(b), Florida Statutes (1983), requires vacation

arbitration award only upon the grounds stated in section 682.13: 682.13 Vacating an award.— (1) Upon application

vacate an arbitration award are made pursuant to section 682.13, Florida Statutes (2012),1 and motions to modify

modify, correct, or vacate it under either section 682.13 or section 682.14, and the relevant section

The district court then acknowledged that section 682.13(1), Florida Statutes (2009), clearly does not

to vacate the arbitration award pursuant to section 682.13, Florida Statutes (2005), and Murton moved

to vacate the arbitration award pursuant to Section 682.13, Florida Statutes (1991). The motion to vacate

arbitration panel for a second arbitration. See § 682.13(l)(c), Fla. Stat. (2009) (“Upon application of

appeal, except as provided by Florida law. See § 682.13(1)(a)-(e), Fla. Stat. (2005); Schnurmacher Holding

Ed.2d 1424, 1428 (1960). On the authority of section 682.13(1)(c) or 682.14(1)(b), Florida Statutes (1989)

right to seek vacation of an award pursuant to section 682.13, Florida Statutes (2004), or to appeal an award

should have vacated the arbitrator’s award under section 682.13(l)(d), Florida Statutes (2008), and directed

that the arbitrators exceeded their powers. See: § 682.13(1)(c), Fla. Stat. (1975). Travelers may not raise

Stat. (2005). Ms. Anderson moved to vacate. See § 682.13. She asserted that the arbitrator exceeded his

with a motion to vacate the award pursuant to section 682.13(1)(d), Florida Statutes (1989), which in pertinent

grounds are known or should have been known.” § 682.13(2), Fla. Stat. (2008). . Olympus’ insurance

that found in the general arbitration statute. § 682.13, Florida Statutes. If the latter suggestion were

by the Florida Arbitration Code, Fla.Stat.Ann. § 682.13 (West Supp.1983), for petitions to vacate arbitration

justify vacating the arbitration award under section 682.13, Florida Statutes (1999), we affirm. I. "Whether

merits of the controversy which it may not do. See § 682.13, Fla. Stat., F.S.A. and Bankers & Shippers Insurance

raise ... the defense made available to it in Section 682.13(1)(e),"[1] because the teachers "did submit

the arbitrator exceeded his power pursuant to section 682.13(1)(c), Florida Statutes (1993). The award followed

final and conclusive judgment. In addition, section 682.13(1)(e), Florida Statutes (1993), expressly provides

arbitrators exceeded their statutory powers under section 682.13(1)(c), Florida Statutes (1987), we reverse

prejudice which satisfies the requirements of section 682.13(1)(d), Florida Statutes (1981), which would

vacate an award. 9 U.S.C.A. § 10(a)(1)-(4). Section 682.13, Florida Statutes, recognizes essentially the

modify or clarify an award pursuant to § 682.13. Section 682.13 allows the Court to vacate an award upon

Motion to Vacate Arbitration Award pursuant to section 682.13(1)(a) and (b), Florida Statutes (1997). Gould's

itself of the statutory procedure for making it. Section 682.13(1)(e), Florida Statutes, requires a court to

in ss. 682.13 and 682.14.” (emphasis added). Section 682.13(2) provides that an application to vacate an

Noriega, 542 So.2d 1327, 1328 (Fla. 1989) (“Section 682.13(1) sets forth the only grounds upon which an

at ⅜ sup was drafted and signed in, 2009. See § .682.013, Fla. Stat. (2015) (providing that the 2013 Revised

gone through arbitration. VNA contends that section 682.13(1), Florida Statutes (2009) provides a list

examination of this question by considering section 682.13, Florida Statutes (2007), which deals with

arbitrator was violative of any of the provisions of section 682.13(1), Florida Statutes (1995), we affirm. The

Mock’s contention and vacated the award under section 682.13(l)(c), Florida Statutes. Id. Upon review, however

justify vacating the arbitration award under section 682.13, Florida Statutes (1999), we affirm. I. “Whether

to vacate in the circuit court pursuant to section 682.13(1)(d), Florida Statutes, claiming the Arbitrator

gone through arbitration. VNA contends that section 682.13(1), Florida Statutes (2009) provides a list

award. Not only was this pleading untimely, see § 682.13(2), Florida Statutes, but it also failed to raise

Statutes do not provide for such. Pursuant to section 682.13, Florida Statutes, the authority of the trial

actions to vacate arbitration awards. Fla.Stat. § 682.13(2) (1981). Plaintiff maintains, however, that

of a party to the arbitration proceeding. § 682.13(1)(a)-(f), Fla. Stat. In the absence of

manner under the Florida Arbitration Code. See § 682.13.1 Apparently, the trial court did not consider

prejudicing the rights of any party ...." [e.s.] § 682.13(1), Fla. Stat. (2005). The client doctors based

within the 90-day statutory period, pursuant to section 682.13(2), Florida Statutes (2013). The'trial court

grounds *285enumerated in section 682.13(1), Florida Statutes (2005). Id. Section 682.13(1) provides, in relevant

SMITH, Jr., C. J., and THOMPSON, J., concur. . Section 682.13 provides, in pertinent part: —Vacating an award

misconduct prejudicing the rights of any party." § 682.13(1)(b), Fla. Stat. (2000). This section requires

arbitrator’s order to the trial court pursuant to section 682.13, Florida Statutes (1999). The trial court found

657 So.2d at 60 (emphasis in original); see also § 682.13(e), Fla. Stat. (2003)(“But the fact that the relief

contract nor moved to vacate the award pursuant to section 682.13 Florida Statutes (1985), the award of damages

682.11 (relating to arbitrators' authority), Section 682.13(c) (relating to vacating an award), and Section

award, one of the statutory grounds listed in section 682.13(1), Florida Statutes (2015), must be present

arbitrate made on or after July 1, 2013.’,’ Id. § 682.013(1). It "does not affect an action or proceeding

one of the enumerated statutory grounds under section 682.13(1), Florida Statutes.” Talel Corp. v

ground for vacating an arbitration award under section 682.13, Florida Statutes (1993). According to Schnurmacher

authority to vacate the award is governed by section 682.13, Florida Statutes (2000). The circuit court

Alternatively to Vacate the Award Pursuant to F.S. Section 682.13.” Final judgment was entered on July 6, 2005

investigation of the facts constitutes misconduct under section 682.13(1), Florida Statutes (2011), and that he has

result of the arbitrator improprieties listed in Section 682.13(1), Florida Statutes (1987). Merritt-Chapman

discussion is whether the appellee complied with § 682.13 Fla.Stat.1 The appellee argues that Rule of Civil

arbitration showed evident partiality under section 682.13(1)(b), Florida Statutes (2008), is without

establish one of the five grounds set forth in section 682.13(1), Florida Statutes (2007), which provides:

evidence and questions of law de novo. Id. Section 682.13(1), Florida Statutes, sets forth the only grounds

limited and specifically enumerated situations. § 682.13, Fla. Stat. Those situations include an arbitration

failure to move timely to vacate the award, see § 682.13, Fla.Stat. (1983), does not preclude the defendants

vacated the arbitration award. Pursuant to Section 682.13(l)(e), Florida Statutes (2005), a trial “court

Wofford, 55 So.2d 102, 105 (Fla.1951)). See also § 682.13(1), Fla. Stat. (1997). The case upon which appellant

vacated pursuant to section 682.13(l)(c), Florida Statutes (1983).3 Section 682.13(3) provides: In vacating

grounds argued for reversal are insufficient. See § 682.13(2), Fla.Stat., F.S.A., and Sydney Paper Co. v

Haught, 435 So.2d 926 (Fla. 1st DCA 1983), and section 682.13, Florida Statutes (1981). LETTS, GLICKSTEIN

jointly. Robinson and Lundquist, pursuant to Section 682.13, Florida Statutes (1977), moved to vacate the

arbitration award can be vacated is governed by section 682.13(1)(d), Florida Statutes (2016), 1 which states

however, would not be wholly unreviewable. See § 682.13, Fla. Stat. (2016) (setting forth grounds for

Aid, Inc., 651 So.2d 1173 (Fla.1995); see also § 682.13(3), 682.20(1)(e), Fla. Stat. (2005). Reversed

award should be vacated in accordance with section 682.-13(l)(e), Florida Statutes (1991), which provides

be vacated only upon the grounds stated in Section 682.13," Harris v. Haught, 435 So.2d 926, 928 (Fla

arbitrator exceeded the arbitrator’s powers[.]” § 682.13(1)(d), Fla. Stat. (2022). Florida courts interpret

arbitrator exceeded his powers in contravention of section 682.13(1)(c). See SAC Constr. Co. v. Milam Dairy Assocs

within the 90 day limitations period provided by section 682.13, Florida Statutes (1981), a provision of the

prejudice substantially the rights of a party." § 682.13(1)(d), Fla. Stat. (1987). Architectural Concepts

PER CURIAM. Affirmed, see F.S.A. § 682.13.

showing, the award cannot be vacated under section 682.13(l)(c). 542 So.2d at 1329. We find that the

showing, the award cannot be vacated under section 682.13(l)(c). 542 So.2d at 1329. We find that the

showing, the award cannot be vacated under section 682.13(l)(c). 542 So.2d at 1329. We find that the

subject to being vacated, as urged, under Section 682.-13(1)(c), Florida Statutes (1985). We have not

PER CURIAM. Affirmed. See § 682.13, Fla. Stat. (1997); Galbreath v. School Bd. of Broward County, 446

vacating or modifying or correcting the award.... Section 682.13 requires a court to vacate an arbitration award

as was the posture of Lake County, supra. Section 682.13(l)(c), Fla.Stat. (1979). Appellee bargained

Construction Co., 201 So.2d 242 (Fla.3d DCA 1967); Section 682.13, Florida Statutes (1975).

vacate, modify or clarify the award pursuant to section 682.13, Florida Statutes, an arbitrator’s award must

682 of the Florida Statutes. Florida Statutes § 682.13(1) sets forth quite specifically the grounds for

of the party to the arbitration proceeding.” § 682.13(1)(b)3., Fla. Stat. “Although an arbitrator need

their powers,” the court is to vacate the award. § 682.13(l)(c), Fla. Stat. (2012). Accordingly, we reverse

the arbitrator exceeded his powers. Because section 682.13, Florida Statutes (2019), requires a court

award, one of the statutory grounds listed in section 682.13(1), Florida Statutes (2015), must be present

The district court then acknowledged that section 682.13(1), Florida Statutes (2009), clearly does not

award for any of the reasons enumerated in section 682.13. The circuit court accommodated her request

under any of the limited grounds enumerated in section 682.13, Florida Statutes (2008). Packard v. Ripple

1999), rev. denied, 741 So.2d 1134 (Fla.1999). Section 682.13 of the Florida Statute (1999) sets forth the

arbitration proceeding itself, not in the court. § 682.13, Fla.Stat. (1985) (if arbitration award vacated

conclusively that none of the factors specified in section 682.13, Florida Statutes (1993), support vacating

2 section 682.13, Florida Statutes, see § 682.12, Fla. Stat

after the movant receives notice of the award[.]” § 682.13(2), Fla. Stat. (2022). If a party moves to vacate

the Board moved to vacate the award under section 682.13, Florida Statutes (2022), and argued the ordered

not exceed her authority as contemplated by section 682.13(l)(c), Florida Statutes (1999), we reverse

partiality on the part of the neutral arbitrator. § 682.13, Fla.Stat. (1983). Under these circumstances,

prejudice substantially the rights of a party. § 682.13(1)(d), Fla.Stat. (1997). Based upon our careful

the franchise in May 2010. See § 682.013(2), Fla. Stat. (2013) (unless the parties agree

by corruption, fraud, or other undue means[.]” § 682.13(2), Fla. Stat. (2022). If one of these statutory

Subsequently, pursuant to the provisions of Section 682.13(l)(c), Florida Statutes (1979), the appellees

order. Sachs nei*212ther moved to vacate, see § 682.13(2), Fla. Stat. (1989), nor moved to modify, see

instant case exceeded her powers pursuant to section 682.13(l)(d), Florida Statutes, which governs vacating

the arbitration proceeding. *585 § 682.13(1), Fla. Stat. (2014); see also Schnurmacher

the parties to the arbitration proceeding.”); § 682.13(1)(d), Fla. Stat. (2021) (“Upon motion of a party

arbitration award must be vacated in accordance with section 682.13(l)(d), Florida Statutes (1997), which provides

prejudicing the rights of any party .... ” [e.s.] § 682.13(1), Fla. Stat. (2005). The client doctors based

DCA), rev. denied, 570 So.2d 1303 (Fla.1990); § 682.13(1)(c), Fla.Stat. (1989). *205Therefore, the lower

1978), cert. denied, 378 So.2d 346 (Fla.1979); § 682.13(l)(c), Fla.Stat. (1987); compare Cuevas v. Potamkin

have set aside the arbitrator's award. Section 682.13 sets forth substantive and procedural requirements