NEWS

New Decision: Appeals/Voluntary Arbitration (Bloom v. Iron Horse POA)
April 12, 2018

Yesterday, the Fourth District Court of Appeal strictly construed the basis for appealing an award in voluntary arbitration in a short decision. Bloom v. Ironhorse Property Owners Association, Inc., Case No.: 4D17-1985 (Fla. 4 DCA, April 11, 2018). A community association was involved; however, that may be only by happenstance.

Specifically, concerning voluntary binding arbitration, §44.104 Fla. Stat. (2016), narrowly limits the basis for a trial court to reject an award. If the issue on appeal does not fit into one of the delineated items, then, as the court quoted from the statute: No further review shall be permitted unless a constitutional issue is raised.

Please note that the cited statute and the holding do not apply to mandatory pre-suit arbitration conducted by the Division of Condominiums. The decision does not elaborate on the underlying dispute, but by the terminology utilized, it is apparent that the parties voluntarily choose the arbitration route.

Michael J. Gelfand

Past Chair

Real Property, Probate and Trust Law Section of The Florida Bar

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Note: This article is not legal advice. Statements and comments made are not those of The Florida Bar or the RPPTL Section

© 2018 Michael J. Gelfand

Michael J. Gelfand

Florida Bar Board Certified Real Estate Attorney

Florida Supreme Court Certified Mediator:

Civil Circuit Court & Civil County Court

Fellow, American College of Real Estate Attorneys


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