Packard v. Ripple

District Court of Appeal of Florida

Packard v. Ripple

531 So. 2d 991, 13 Fla. L. Weekly 2151, 1988 Fla. App. LEXIS 4064, 1988 WL 93737

CourtDistrict Court of Appeal of Florida

DecidedSeptember 13, 1988

DocketNo. 87-2159

StatusPublished

Cited by2 cases

This text of 531 So. 2d 991 (Packard v. Ripple) 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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Packard v. Ripple, 531 So. 2d 991, 13 Fla. L. Weekly 2151, 1988 Fla. App. LEXIS 4064, 1988 WL 93737 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

Packard’s original complaint stating a cause of action for fraud in the inducement contained conclusory allegations of mental condition and failed to allege sufficient facts to maintain that claim. See Arnold, v. Week, 388 So.2d 269 (Fla. 4th DCA 1980), review denied, 399 So.2d 1140 (Fla.1981), citing American Int’l Land Corp. v. Hanna, 323 So.2d 567 (Fla. 1975). The phraseology used in the arbitration clause was not ambiguous, and the matter was properly referred to arbitration. See Larry Kent Homes, Inc. v. Empire of America FSA, 474 So.2d 868 (Fla. 5th DCA 1985) (arbitration agreements are valid and enforceable and public policy favors arbitration as an alternative to litigation), review denied, 484 So.2d 7 (Fla.1986). See also Physician’s Weight Loss Centers of America, Inc. v. Payne, 461 So.2d 977, 978, n. 5 (Fla. 1st DCA 1984). An arbitration award may not be vacated upon mistake of fact or law but only upon statutory grounds. McDonald v. Hardy County School Board, 448 So.2d 593 (Fla. 2d DCA), review denied, 456 So.2d 1181 (Fla.1984); see also Dairyland Ins. Co. v. Hudnall, 279 So.2d 905 (Fla. 3d DCA 1973).

Accordingly, the judgment of the trial court is AFFIRMED.

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PER CURIAM.

Packard’s original complaint stating a cause of action for fraud in the inducement contained conclusory allegations of mental condition and failed to allege sufficient facts to maintain that claim. See Arnold, v. Week, 388 So.2d 269 (Fla. 4th DCA 1980), review denied, 399 So.2d 1140 (Fla.1981), citing American Int’l Land Corp. v. Hanna, 323 So.2d 567 (Fla. 1975). The phraseology used in the arbitration clause was not ambiguous, and the matter was properly referred to arbitration. See Larry Kent Homes, Inc. v. Empire of America FSA, 474 So.2d 868 (Fla. 5th DCA 1985) (arbitration agreements are valid and enforceable and public policy favors arbitration as an alternative to litigation), review denied, 484 So.2d 7 (Fla.1986). See also Physician’s Weight Loss Centers of America, Inc. v. Payne, 461 So.2d 977, 978, n. 5 (Fla. 1st DCA 1984). An arbitration award may not be vacated upon mistake of fact or law but only upon statutory grounds. McDonald v. Hardy County School Board, 448 So.2d 593 (Fla. 2d DCA), review denied, 456 So.2d 1181 (Fla.1984); see also Dairyland Ins. Co. v. Hudnall, 279 So.2d 905 (Fla. 3d DCA 1973).

Accordingly, the judgment of the trial court is AFFIRMED.

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Bluebook (online)

531 So. 2d 991, 13 Fla. L. Weekly 2151, 1988 Fla. App. LEXIS 4064, 1988 WL 93737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/packard-v-ripple-fladistctapp-1988.

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