5D01-3406 Smith v. Corley

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-3406

Case Date: 01/20/2003

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2003 WALTER L. SMITH, Appellant, v. CARL CORLEY, Appellee. / Opinion filed January 24, 2003 Appeal from the Circuit Court for Brevard County, George W. Maxwell III, Judge. Roy A. Praver, Law Offices of Roy A. Praver, Titusville, for Appellant. Douglas W. Baker of John H. Evans, P.A., Titusville, for Appellee. PALMER, J. Walter Smith appeals the trial court's order confirming an arbitration award. Finding no error in the trial court's decision, we affirm. Judicial review of arbitration awards is extremely limited. Chandra v. Bradstreet, 727 So. 2d 372 (Fla. 5th DCA 1999), rev. denied, 741 So. 2d 1134 (Fla. 1999). Section 682.13 of the Florida Statute (1999) sets forth the statutory grounds which must be present before an arbitration award can be vacated: 682.13. Vacating an award (1) Upon application of a party, the court shall vacate an award when: (a) The award was procured by corruption, fraud or other undue means. (b) There was evident partiality by an arbitrator appointed as a neutral or Case No. 5D01-3406

corruption in any of the arbitrators or umpire or misconduct prejudicing the rights of any party. (c) The arbitrators or the umpire in the course of her or his jurisdiction exceeded their powers. (d) The arbitrators or the umpire in the course of her or his jurisdiction refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of s. 682.06, as to prejudice substantially the rights of a party. (e) There was no agreement or provision for arbitration subject to this law, unless the matter was determined in proceedings under s. 682.03 and unless the party participated in the arbitration hearing without raising the objection.

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