Klinefelter v. American Employers Insurance Co.

District Court of Appeal of Florida

Klinefelter v. American Employers Insurance Co.

438 So. 2d 864, 1983 Fla. App. LEXIS 24475

CourtDistrict Court of Appeal of Florida

DecidedSeptember 7, 1983

DocketNo. 82-1547

StatusPublished

Cited by5 cases

This text of 438 So. 2d 864 (Klinefelter v. American Employers Insurance Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Klinefelter v. American Employers Insurance Co., 438 So. 2d 864, 1983 Fla. App. LEXIS 24475 (Fla. Ct. App. 1983).

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Opinion

HERSEY, Judge.

This appeal presents the single, simple and clear-cut issue of the effect of rendition of an arbitration award after expiration of the period established by contract or rule within which the award was required to have been rendered. The parties argue construction of documents, the effect of language and the existence of facts which might or not constitute waiver. We have considered but need not, and therefore do not, address those arguments. Clearly the arbitrators acted too late and had no jurisdiction at the time the award was rendered. The trial court thus erred in refusing to vacate the award, and we reverse on that basis and remand for further appropriate proceedings.

REVERSED and REMANDED.

DOWNEY and BERANEK, JJ., concur.

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HERSEY, Judge.

This appeal presents the single, simple and clear-cut issue of the effect of rendition of an arbitration award after expiration of the period established by contract or rule within which the award was required to have been rendered. The parties argue construction of documents, the effect of language and the existence of facts which might or not constitute waiver. We have considered but need not, and therefore do not, address those arguments. Clearly the arbitrators acted too late and had no jurisdiction at the time the award was rendered. The trial court thus erred in refusing to vacate the award, and we reverse on that basis and remand for further appropriate proceedings.

REVERSED and REMANDED.

DOWNEY and BERANEK, JJ., concur.

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438 So. 2d 864, 1983 Fla. App. LEXIS 24475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klinefelter-v-american-employers-insurance-co-fladistctapp-1983.

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