CopyCited 48 times | Published | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 9236, 2005 WL 1397960
...illegal and therefore void ab initio). Severability is also supported by our arbitration code, which contemplates that arbitration shall still be carried out if the agreed method for the appointment of arbitrators cannot be followed for any reason. § 682.04, Fla....
CopyCited 21 times | Published | Florida 4th District Court of Appeal | 2005 WL 2016838
..."As a general rule, contractual provisions are severable, where the illegal portion of the contract does not go to its essence, and, with the illegal portion eliminated, there remain valid legal obligations." Fonte,
903 So.2d at 1024. Moreover, severability is *39 supported by Florida's arbitration code. Id. (citing §
682.04, Fla....
CopyCited 20 times | Published | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 12976, 2001 WL 1048522
...uch as stranded costs will be overlooked. Citing sections
682.13 and
682.14 as support, FPC contends that once an award is made, it will be difficult if not impossible to modify or vacate the award. This, FPC argues, violates its due process rights. Section
682.04 provides for appointment of arbitrator(s) as stated in the agreement and if no selection method is provided in the agreement, or the parties cannot agree on an arbitrator(s), then the court "shall appoint one or more arbitrators...." I...
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
...In this appeal we are asked to determine whether an agreement for arbitration between a nursing home resident and a nursing home is enforceable when the organization designated in the agreement to administer the arbitration is unavailable. Because section 682.04, Florida Statutes (2007), provides that the court shall appoint one or more arbitrators if the method for appointment of arbitrators agreed on in the parties' agreement fails or for any reason cannot be followed, we hold that the arbitration agreement is enforceable under these circumstances....
...DISCUSSION The circuit court erred in ruling that the unavailability of the AAA to conduct the arbitration rendered the arbitration agreement unenforceable. The Florida Arbitration Code specifically addresses the eventuality of the unavailability of the parties' chosen arbitrator to conduct the arbitration. Section 682.04 provides: If an agreement or provision for arbitration subject to this law provides a method for the appointment of arbitrators or an umpire, this method shall be followed....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1994 WL 531275
...e policy, the law of that state shall be used to consider attorneys' fees). REVERSED and REMANDED for further proceedings consistent with this opinion. GOSHORN and DIAMANTIS, JJ., concur. NOTES [1] See Fla.R.App.P. 9.030(b)(1)(A) & 9.110(b). [2] See § 682.04, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1989 WL 113881
...n proceedings would be held. Additionally, the trial court had no authority under the arbitration code to remove the matter from arbitration. Rather, the court should have granted the request for the appointment of a successor arbitrator pursuant to section 682.04, Florida Statutes....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 19250, 2009 WL 4641809
...appointed, the court, on application of a party to such agreement or provision shall appoint one or more arbitrators or an umpire. An arbitrator or umpire so appointed shall have like powers as if named or provided for in the agreement or provision. §
682.04, Fla. Stat. (2009); see also New Port Richey Med. Investors, LLC v. Stern ex rel. Petscher,
14 So.3d 1084, 1087 (Fla. 2d DCA 2009) (applying section
682.04 where the contract specified that the American Arbitration Association should arbitrate any dispute, but the AAA would no longer accept the type of dispute at issue)....
...nsition. Accordingly, we reverse. The trial court erred in denying the appellants' motions to compel arbitration. On remand, the court should compel arbitration of this dispute and appoint an arbitrator or arbitrators pursuant to its authority under section 682.04....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 7458, 2009 WL 1563424
...In this appeal we are asked to determine whether an agreement for arbitration between a nursing home resident and a nursing home is enforceable when the organization designated in the agreement to administer the arbitration is unavailable. Because section 682.04, Florida Statutes (2007), provides that the court shall appoint one or more arbitrators if the method for appointment of arbitrators agreed on in the parties’ agreement fails or for any reason cannot be followed, we hold that the arbitration agreement is enforceable under these circumstances....
...DISCUSSION The circuit court erred in ruling that the unavailability of the AAA to conduct the arbitration rendered the arbitration agreement unenforceable. The Florida Arbitration Code specifically addresses the eventuality of the unavailability of the parties’ chosen arbitrator to conduct the arbitration. Section 682.04 provides: If an agreement or provision for arbitration subject to this law provides a method for the appointment of arbitrators or an umpire, this method shall be followed....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 20029, 2009 WL 4927861
...included "gap fillers" in the Code. We agree with Buyer. Chapter 682, Florida Statutes, sets forth the rules and procedures for arbitration in the event an arbitration clause is silent on such matters. See generally Ch. 682, Fla. Stat. For example, section 682.04 provides: If an agreement or provision for arbitration subject to this law provides a method for the appointment of arbitrators or an umpire, this method shall be followed....
...ing procedures. See also New Port Richey Med. Investors, LLC v. Stern,
14 So.3d 1084, 1087 (Fla. 2d DCA 2009) (holding that unavailability of parties' chosen arbitrator to conduct arbitration did not render arbitration agreement unenforceable; under section
682.04, the circuit court must appoint another arbitrator or arbitrators)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 18287, 2014 WL 5783829
...ed,
contemplates that the neutral arbitrator/umpire will be the ultimate decision maker. In
-4-
another provision of the agreement, the parties adopted the Florida Arbitration Code.
See §§
682.01-.22. Section
682.04 provides, in part, that if the agreement on a panel of
arbitrators fails or cannot be followed, the court, on application of a party to the
agreement, shall appoint one or more arbitrators or an umpire....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 16553, 2009 WL 3672048
...Stern ex rel. Petscher,
14 So.3d 1084 (Fla. 2d DCA 2009). We fully agree with that opinion, which held: The Florida Arbitration Code specifically addresses the eventuality of the unavailability of the parties' chosen arbitrator to conduct the arbitration. Section
682.04 provides: If an agreement or provision for arbitration subject to this law provides a method for the appointment of arbitrators or an umpire, this method shall be followed....
...We also observe that the parties' arbitration agreement contains a severability clause. Id. at 1087. For these reasons, we affirm the circuit court's order compelling arbitration. Upon motion of either party, the trial court is authorized to appoint one or more arbitrators or an umpire as provided by section 682.04, Florida Statutes (2008)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2012 WL 6216764, 2012 Fla. App. LEXIS 21521
...The issue before this court was “the enforceability of the parties’ arbitration agreement in light of the unavailability of the designated forum for the conduct of the arbitration.” Id. at 1087 . Resolution of the case turned on the language of section
682.04, Florida Statutes (2007), which provided that “if the agreed method [for appointment of arbitrators] fails or for any reason cannot be followed ... the court ... shall appoint one or more arbitrators or an umpire.” New Port Richey Med. Investors,
14 So.3d at 1087 (quoting §
682.04)....
...t rendered invalid or unenforceable simply because the [selected forums are] unavailable to conduct the arbitration. Instead, the circuit court must appoint another arbitrator or arbitrators.” New Port Richey Med. Investors,
14 So.3d at 1087 ; see §
682.04, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...denied. But if the court found
the chosen forum was not integral to the agreement, the motion to compel
arbitration should be granted. See New Port Richey Med. Inv’rs, LLC v. Stern ex
rel. Petscher,
14 So. 3d 1084, 1087 (Fla. 2d DCA 2009) (citing §
682.04, Fla....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2205, 1985 Fla. App. LEXIS 15978
...are nullities, 1 and the defendants’ failure to move timely to vacate the award, see §
682.13, Fla.Stat. (1983), does not preclude the defendants from attacking the entire award as being the result of a void arbitration proceeding. 2 Reversed. . Section
682.04, Florida Statutes (1983), sets forth the lawful method for appointing an arbitrator: "If an agreement or provision for arbitration subject to this law provides a method for the appointment of arbitrators or an umpire, this method shall be followed....
CopyPublished | Florida 1st District Court of Appeal | 9 Fla. L. Weekly 1938, 1984 Fla. App. LEXIS 14970
arbitration or by the court in accordance with section
682.04, or, if the award is vacated on grounds set
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6004
point we find merit in those of the appellant. Section
682.04 Fla.Stat., F. S.A., provides: “If an agreement
CopyPublished | Florida 4th District Court of Appeal | 1990 Fla. App. LEXIS 7759, 1990 WL 149764
...court discussed in Air Conditioning Equip., Inc. v. Rogers,
551 So.2d 554 (Fla. 4th DCA 1989), and upon which procedure appellant relied in the trial court, abandoning its previous motion to have the trial court complete the arbitrators’ job. See §
682.04, Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 2013 WL 1891311, 2013 Fla. App. LEXIS 7356
...appointed, the court, on application of a party to such agreement or provision shall appoint one or more arbitrators or an umpire. An arbitrator or umpire so appointed shall have like powers as if named or provided for in the agreement or provision. § 682.04, Fla....
...In Stem, this court reversed the circuit court’s finding that the unavailability of the named arbitrators rendered an arbitration agreement unenforceable. Stern,
14 So.3d at 1087 . The American Arbitration Association, the named arbitrator in the Stem agreement, had ceased to accept cases like the one presented. Relying on section
682.04, we held that the arbitration agreement was not invalid merely because the named forum was unavailable to conduct the arbitration....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6284
arbitration by all the parties or the court, under § 682.-04, Fla.Stat., F.S.A. The appellee filed a notice
