4D07-3930-Paige v. American Security Insurance Company

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State: Florida

Court: Florida Fourth District Court

Docket No: 4D07-3930

Case Date: 07/09/2008

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2008

SHEILA PAIGE, Appellant, v. AMERICAN SECURITY INSURANCE COMPANY, Appellee. No. 4D07-3930 July 9, 2008 STONE, J. Paige appeals a final judgment confirming an arbitration issue is an order granting American Security Insurance (ASIC) motion to strike Paige's motion for attorney's fees and trial court found that the motion for attorney's fees and untimely served. We reverse. award. At Company's costs. The costs was

The trial court erred in finding the fee motion untimely. The court concluded that an order granting ASIC's motion to confirm the arbitration award was a final judgment that would initiate the thirty day period for serving the fee motion under Florida Rule of Civil Procedure 1.525. Despite reservations, the trial court concluded that an order granting a motion to confirm an arbitration award is a final "judgment" within the meaning of rule 1.525. In its motion to confirm the appraisal award, ASIC stated that "[i]n order for this case to proceed, this Court must confirm the appraisal award, and a judgment must be entered on same." On April 18, 2007, the trial court granted the motion to confirm the award. The order included a provision that "[t]he Court will reserve jurisdiction to award attorney's fees and costs." On June 4, 2007, Paige moved to tax attorney's fees and costs. At the hearing, the trial judge repeatedly questioned why Paige's counsel had not asked for a final judgment.

MS. GARBER [Paige's counsel]: Your Honor, in appraisal context, the Florida Arbitration code applies . . . . THE COURT: I confirmed [the appraisal award]. You haven't moved for a judgment in how many months? MS. GARBER: Your Honor, there is no rule requires [sic] us to move for a judgment after the order was confirmed. THE COURT: Excuse me. Let's talk about what you are here for. Why you haven't moved for a judgment, and what else needs to be done. Let's talk about that. As far as I was concerned, once we confirmed it, there was nothing else for me to do. If you chose not to get a final judgment that's your choice but it's a done deal. The court insisted that Paige's counsel "thought it [order granting the motion to confirm the appraisal award] was final. You operated as if it was final then is what you're telling me . . . . [y]ou haven't acted as if you are expecting a judgment is what I'm telling you." Ms. Garber replied, "[t]here was no deadline for us to act to." Upon Paige's motion, final judgment was subsequently entered in September. The Florida Arbitration Code provides, in relevant part, that "[u]pon the granting of an order confirming, modifying or correcting an award, judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree."

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