Arbitration & Mediation

How to Escape Judgment on Chapter 44 Non-Binding Arbitration

By Christopher B. Hopkins, Esq.

We've written before about how lawyers and courts are struggling with the 20-day rule to seek a trial de novo once the arbitrator issues its award in Chapter 44 non-binding arbitration (see here and here).

Enter this interesting two-paragraph decision which shows that a Motion for Relief From Judgment (Rule 1.540) may be your best move to avoid enforcement of an award when you forgot to timely move for a trial de novo.

The facts of the case are shrouded from us but it appears that the defendant never timely sought a trial de novo. They did, however, file a 1.540 Motion and apparently claimed all kinds of excusable neglect. Trial court went for it as did the Second DCA.

Case is Sherril Kalman as PR of Estate of Edward Kalman v. Pasco-Hernando Surgical Associates, P.L. (panel is Wallace, Whatley and Kelly).

Full post as published by Florida Arbitration Law on March 12, 2008 (boomark / email).