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Mediation & arbitration Section Chairs : AmberBoles – LawOfficeofAmberBoles & LaraTibbals – TibbalsMediation , LLC
In September 2017 , Hurricane Irma ravaged southwest Florida , leading to a surge in hurricane litigation in Collier and Lee Counties . The Twentieth Circuit started referring the hurricane cases to non-binding arbitration pursuant to Section 44.103 , Florida Statutes , and Fl . R . Civ . P . 1.820 . Many other courts adopted this approach , and now non-binding arbitration is prevalent throughout the state for many types of civil cases .
Pursuant to Section 44.103 ( 5 ), the arbitration decision is final , unless a request for “ trial de novo ” is made within the time set forth in the Florida Rules of Civil Procedure . despite the plain language of the statute , the issue of whether a party had to file a formal request for trial de novo was unclear . For example , in Nicholson-Kenny Capital Management , Inc . v . Steinberg , 1 the court created a discretionary analysis , where in the absence of a formal request for trial de novo , the trial court ordered trial de novo upon determining that “ some notice ” had been given to the opposing party that its adversary was rejecting the arbitration award . 2
In Nicholson-Kenny , the “ some notice ” included the attorneys
apartymustfilea “ noticeofrejectionofthe arbitrationdecisionand requestfortrialinthesame document ” withintwenty daysofserviceofthe arbitrationdecision .
working on the pre-trial stipulation , and attending both the calendar call and pre-trial conference .
Likewise , in Beyond Billing , Inc . v . Spine and Orthopedic Center , 3 the court found that a party substantially complies with Rule 1.820 by clearly indicating its desire to proceed to trial within the applicable 20-day period , even though it does not file a document specifically styled as a motion for trial de novo .
Two recent developments have made it clear that a Notice of Rejection of the Arbitration decision and Request for Trial must be filed within 20 days of service of the arbitration ruling .
First , the Florida Supreme Court revised Fla . R . Civ . P . 1.820 ( h ) ( effective July 1 , 2024 ) to specifically state that to reject the arbitration decision , a party must file a “ notice of rejection of the arbitrator ’ s ( s ’) decision and request for trial in the same document .” The rule now specifically states that , “ No action or inaction by any party , other than the filing of the notice , will be deemed a rejection of the arbitration decision .”
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Then , the Fourth district Court of Appeal in Lawnwood Medical Cennter , Inc . v . Rouse , 4 receded from Nicholson-Kenny , and certified conflict with Beyond Billing , Inc ., supra , and de Acosta v . Naples Community Hospital , Inc . 5 The Lawnwood court ruled that Nicholson-Kenny had “ incorrectly ” given trial courts discretionary , non-statutory , non-rule-based authority to grant a trial de novo if “ some notice ” had been given that a party had rejected the arbitration decision . Lawnwood noted the plain language of both the statute and rule and that a “ motion for trial ” or “ request for trial de novo ” be filed within twenty days of service of the arbitrator ’ s decision . n
1
932 So . 2d 321 ( Fla . 4th dCA 2006 ). 2
Id . at 324 .
3
362 So 3d 256 ( Fla . 2nd dCA 2023 ).
4
394 So . 3d 51 ( Fla . 4th dCA 2024 ). 5
300 So . 3d 264 ( Fla . 2nd dCA 2019 ).
Author : Gerald T . ( Jerry ) Albrecht – Albrecht Mediation Services
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