Experienced Palm Beach probate litigators know that arbitration is becoming more and more popular as a form ofalternative dispute resolution. One thing few attorneys fully grasp though is when are these matters appealable? The answer may surprise you. Check out this case out of the Third District Court of Appeal to see one of the few times an arbitration award will actually be reviewed at the appellate level.
Arbitration Award Review
- It is not very easy to get an arbitration reward from West Palm Beach reviewed at the appellate level.
- To a large extent these orders can be final and non-appealable.
- But there are exceptions.
- Do you know what these exceptions are?
- One common exception is when a party is not given due process and is unable to present evidence.
- When an arbitrator makes a finding it is sent to the trial judge who will then enter an order consistent with that award.
- So what happens when an order is inconsistent?
- This again is one of the few times an appellate panel will take a look.
- The least likely reason an appellate panel is going to review such an award is because it is not grounded in substantial competent evidence.
The Residences at Bath Club v. Bath Club Entertainment
- Three years of litigation culminated in a settlement of this long arduous case about a property in Miami Beach.
- As part of the agreement all future disputes between the parties were subject to anarbitration agreement.
- Shortly thereafter, arbitration proceedings were commenced and then of course came acounterclaim.
- In the end the court noted that the arbitration award was inconsistent with what judge had entered in the trial court and ordered a remand for a new order consistent with the arbitrator.
Want to learn more?
Check out the entire case by clicking here.