65 So. 3d 625
Fla. Dist. Ct. App.2011Background
- Ms. Mock signed the North Florida Surgeons Financial Agreement agreeing to binding arbitration under Florida law for any negligence claim.
- Ms. Mock filed a medical negligence action in circuit court; Surgeons moved to compel arbitration which the court granted.
- A three-member arbitration panel ruled in favor of Surgeons against Mock.
- Mock moved to vacate the award and seek a rehearing; the trial court vacated the award and ordered a second arbitration panel.
- The trial court held the panel exceeded its powers by modifying the burden of proof, effectively restricting damages.
- The court granted Surgeons’ request to confirm the award, but the appellate writ granted certiorari to quash the order and remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court can vacate an arbitration award under §682.13(1) | Mock | Surgeons | Vacatur proper only under enumerated grounds; no grounds found here |
| Whether the arbitration panel exceeded its powers by applying a different burden of proof | Mock | Surgeons | No vacatur; misapplication of law is not a basis to vacate absent exceeded powers |
| Whether a trial court can vacate an arbitration award and remand for rehearing under Florida law | Mock | Surgeons | Chapter 682 allows vacatur and remand only under limited statutory grounds |
| Whether certiorari review is proper to challenge the order vacating an arbitration award | Mock | Surgeons | Certiorari granted to quash the order; order vacating award deemed departure from law |
Key Cases Cited
- Charbonneau v. Morse Operations, Inc., 727 So.2d 1017 (Fla. 4th DCA 1999) (arbitrator within authority; not vacated for mere errors of law or fact)
- Verzura Constr., Inc. v. Surfside Ocean, Inc., 708 So.2d 994 (Fla. 3d DCA 1998) (finality of award when within authority)
- Commercial Interiors Corp. of Boca Raton v. Pinkerton & Laws, Inc., 19 So.3d 1062 (Fla. 5th DCA 2009) (trial court disagreement with arbitrator’s application of law not basis to vacate)
- City of Tallahassee v. Big Bend Police Benevolent Ass’n, 710 So.2d 214 (Fla. 1st DCA 1998) (application of an incorrect standard not a basis to vacate under §682.13(1))
- Schnurmacher Holding, Inc. v. Noriega, 542 So.2d 1327 (Fla. 1989) (review limited to statutory grounds; avoid merits review of arbitration)
- Prudential-Bache Sec., Inc. v. Shuman, 483 So.2d 888 (Fla. 3d DCA 1986) (arbitration award not vacated for relief beyond court of law, absent grounds)
- Computer Task Grp., Inc. v. Palm Beach Cnty., 782 So.2d 942 (Fla. 4th DCA 2001) (arbitrator’s damages award within contract authority; errors of law not necessarily vacating)
- Schnurmacher Holding, Inc. v. Noriega, 542 So.2d 1327 (Fla. 1989) (caution against reviewing merits outside statutory grounds)