SHIRLEY SACHS, APPELLANT,
v.
DEAN WITTER REYNOLDS, INC., APPELLEE

Fla. 3d DCA | 1991-08-20
No. 91-920
Before NESBITT, JORGENSON and COPE, JJ.
584 So. 2d 211 Florida District Court of Appeal, Third District (1991) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Shirley Sachs, who procured a favorable arbitration award, was denied attorney’s fees by the arbiters. She filed a petition for the fees, which the trial court dismissed. We affirm that order. Sachs nei ther moved to vacate, see § 682.13(2), Fla. Stat. (1989), nor moved to modify, see § 682.14, Fla.Stat. (1989), the arbitration award within the 90-day period after delivery of a copy of the award to her as prescribed by the Florida Arbitration Code. Furthermore, she did not make allegations upon which an extension of the 90-day requirement could be based. See § 682.-13(2), Fla.Stat. (1989); Carpet Concepts St. Petersburg, Inc. v. Architectural Concepts, Inc., 559 So. 2d 303 (Fla. 2d DCA 1990).

Affirmed.


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  • Chatfield Dean & Co., Inc. v. Kesler, 749 So. 2d 542 (Fla. 2d DCA 2000)
    …LEY, A.C.J., and NORTHCUTT, J., Concur. . It is arguable that Kesler’s failure to timely seek relief to either vacate or modify the arbitration award foreclosed the petition for attorney’s fees in this case. See Sachs v. Dean Witter Reynolds, Inc., 584 So. 2d 211 (Fla. 3d DCA 1991). We decline to address that point in light of the dispositive issue on which this case turns. . This amount included both the attorney's fees incurred in obtaining the arbitration award and the experts' fees incurred in obtaining…
  • Role Model Builders, Inc. v. Lanzetta, 813 So. 2d 200 (Fla. 3d DCA 2002)
    …firm based upon our conclusion that Role Model waived its ability to contest the arbitrator’s judgment where it did not move to either vacate or modify the arbitration award within the applicable time period. See Sachs v. Dean Witter Reynolds, Inc., 584 So. 2d 211 (Fla. 3d DCA 1991). Affirmed.…

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