Polley v. Gardner
98 So. 3d 648
| Fla. Dist. Ct. App. | 2012Background
- Gardner filed a 2008 medical malpractice suit against Polley and North Florida Surgeons, among others.
- Arbitration was compelled and the panel awarded in favor of the petitioners on July 7, 2011.
- Petitioners moved on November 18, 2011 to confirm the arbitration award and obtain a final judgment.
- Gardner moved December 1, 2011 to set aside the award or, alternatively, to stay the petitioners’ motion.
- The trial court stayed the case and deferred ruling on February 8, 2012.
- The petition for writ of mandamus seeks to force a timely ruling and the court grants relief directing entry of final judgment confirming the award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must the trial court confirm the arbitration award absent timely vacatur/modification | Polley argues Section 682.12 mandatory confirmation. | Gardner contends timely motion to vacate is required or deferment permissible. | Yes; court must confirm if no timely vacatur exists. |
| Was Gardner’s motion to vacate untimely under §682.13 | Untimely vacatur under statute; timely filing not met. | Motion to set aside could be timely if within 90 days of delivery. | Untimely under §682.13. |
| Is entry of final judgment on confirmation a ministerial task | With proper statute compliance, judgment is ministerial. | Court has discretion to defer on merits or procedures. | Ministerial; no basis to defer. |
| Is mandamus appropriate to compel a ruling on the petition to confirm | A writ can compel timely ruling on a pending matter. | Discretionary decisions may be reviewed only on appeal. | Writ of mandamus proper to require timely ruling. |
Key Cases Cited
- Moody v. Moody, 705 So.2d 708 (Fla. 1st DCA 1998) (mandamus to require timely ruling, minimal discretion)
- SEIU Fla. Pub. Servs. Union, CTW, CLC v. City of Boynton Beach, 89 So.3d 960 (Fla. 4th DCA 2012) (mandatory language of §682.12; must confirm unless timely vacate)
- Moya v. Bd. of Regents, State Univ. Sys. of Fla., 629 So.2d 282 (Fla. 5th DCA 1993) (trial court has limited discretion in confirming award)
- Farmer v. Polen, 423 So.2d 1035 (Fla. 4th DCA 1982) (entry of judgment on arbitration confirmation is ministerial)