CAP CONSTRUCTION, INC., APPELLANT,
v.
TGSV CONSTRUCTION, INC., ET AL., APPELLEES
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Trial court properly stayed confirmation of an arbitration award in favor of a subcontractor pending resolution of related claims in a separate arbitration proceeding.
A trial court may stay confirmation of an arbitration award pending the outcome of a related, separate arbitration involving the same parties.
[1] A trial court may stay confirmation of an arbitration award pending resolution of related claims in a separate arbitration proceeding as an appropriate exercise of discre…
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Join FLexlaw to unlock all legal intelligenceA subcontractor and general contractor with its surety engaged in arbitration over disputes arising from a Dade County construction project; the arbit…
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SCHWARTZ, Chief Judge.
In the course of an arbitration of various disputes between the appellant subcontractor and the appellees, the general contractor and its surety, arising from work on a project in Dade County, the arbitrators, for procedural reasons, declined to consider or rule upon certain claims of the general against the sub, relegating them to a subsequent, separate arbitration. On this appeal, the sub challenges an order which stayed confirmation of an award in its favor rendered in the “first” arbitration pending the results of the second one. In our view, however, the order was, at the least, an appropriate exercise of the trial court’s discretion, see NEC Electronics, Inc. v. VG Sales Co., 655 So. 2d 1146 (Fla. 4th DCA 1995); Air Conditioning Equip. Inc. v. Rogers, 551 So. 2d 554 (Fla. 4th DCA 1989); see also Ehrhart v. Raymond James & Assocs., 536 So. 2d 1178 (Fla. 2d DCA 1989), and — although we need not directly so hold— may even have been required as a matter of law. See Martinez v. Marin, — So. 2d -, 1997. WL 620202 (Fla. 3d DCA Case no. 96-3219, opinion filed, July 30, 1997)[22 FLW D1847](holding that final judgment may not be formally entered on complaint alone, but must await adjudication of defenses and counterclaim).
Affirmed.
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- AIR Conditioning Equip., Inc. v. Silas W. Rogers, 551 So. 2d 554 (Fla. 4th DCA 1989)
- NEC Elecs., Inc. v. VG Sales Co., 655 So. 2d 1146 (Fla. 4th DCA 1995)
- Ehrhart v. Raymond James & Assocs., Inc., 536 So. 2d 1178 (Fla. 2d DCA 1989)