Vista Gardens Condominium Ass'n v. Bauer

District Court of Appeal of Florida

Vista Gardens Condominium Ass'n v. Bauer

705 So. 2d 1008, 1998 Fla. App. LEXIS 906, 1998 WL 39626

CourtDistrict Court of Appeal of Florida

DecidedFebruary 4, 1998

DocketNo. 97-3491

StatusPublished

This text of 705 So. 2d 1008 (Vista Gardens Condominium Ass'n v. Bauer) 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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Vista Gardens Condominium Ass'n v. Bauer, 705 So. 2d 1008, 1998 Fla. App. LEXIS 906, 1998 WL 39626 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

We reverse the trial court’s order granting appellee’s motion for relief from the parties’ binding arbitration agreement. Florida Statutes section 682.09(2)(1997) requires a party objecting to the timeliness of an arbitration award to notify the arbitrator in writing of the objection prior to the delivery of the award. Section 689.02 provides further that any objection based on timeliness is waived absent such notice to the arbitrator.

By its express terms the statute applies to arbitration agreements wherein the parties fix the time for the arbitration award, as in the present case. As appellees did not provide the arbitrator with the requisite objection, they waived any objection to the timeliness of the award. Accordingly, we reverse the trial court’s order and’ remand for the trial court to proceed in accordance with Chapter 682.

GUNTHER and FARMER, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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PER CURIAM.

We reverse the trial court’s order granting appellee’s motion for relief from the parties’ binding arbitration agreement. Florida Statutes section 682.09(2)(1997) requires a party objecting to the timeliness of an arbitration award to notify the arbitrator in writing of the objection prior to the delivery of the award. Section 689.02 provides further that any objection based on timeliness is waived absent such notice to the arbitrator.

By its express terms the statute applies to arbitration agreements wherein the parties fix the time for the arbitration award, as in the present case. As appellees did not provide the arbitrator with the requisite objection, they waived any objection to the timeliness of the award. Accordingly, we reverse the trial court’s order and’ remand for the trial court to proceed in accordance with Chapter 682.

GUNTHER and FARMER, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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Bluebook (online)

705 So. 2d 1008, 1998 Fla. App. LEXIS 906, 1998 WL 39626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vista-gardens-condominium-assn-v-bauer-fladistctapp-1998.