OPEN BIBLE COMMUNITY CHURCH, APPELLANT,
v.
PARAGON CONSTRUCTION ULTD., INC., APPELLEE
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Open Bible Community Church appealed a final judgment confirming an arbitration award in favor of Paragon Construction after the church failed to appear at a scheduled expedited arbitration hearing. The church sought to vacate the award on grounds that the arbitrator improperly refused to postpone the hearing a second time. The appellate court affirmed, finding no abuse of discretion by the arbitrator.
The court held that the arbitrator did not abuse his discretion in denying the church's second request for postponement of the expedited arbitration hearing, and the church failed to establish that the arbitrator refused to hear material evidence. Therefore, the trial court properly confirmed the award and denied the motion to vacate.
[1] A trial court may vacate an arbitration award where arbitrators refused to postpone a hearing upon sufficient cause shown or refused to hear material evidence, or otherwi…
[2] An arbitrator does not abuse discretion by declining a second request for postponement of an expedited arbitration hearing when the parties had previously agreed to the e…
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Join FLexlaw to unlock all legal intelligence“By statute and upon application of a party, a trial court may vacate an arbitration award where: (d) The arbitrators or the umpire in the course of his or her jurisdiction refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of s. 682.06, as to prejudice substantially the rights of a party.”
Establishes the statutory grounds under Florida law for vacating an arbitration award, specifically relating to refusal to postpone hearings.
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Join FLexlaw to unlock all legal intelligenceThe parties had agreed to expedited arbitration proceedings. The arbitrator scheduled a hearing and the church's counsel requested postponement. When …
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PER CURIAM.
Open Bible Community Church (“church”) appeals a final judgment confirming an arbitration award entered in favor of Paragon Construction Unlimited, Inc. (“Paragon”) after the church failed to appear at the duly noticed expedited arbitration proceeding, and from an order denying the church’s motion to vacate the award.
The church’s principal argument on this appeal is that the trial court should have granted its motion to vacate the arbitration award and not entered final judgment pursuant thereto where the arbitrator declined to postpone the arbitration hearing for a second time as requested by the church’s counsel. By statute and upon application of a party, a trial court may vacate an arbitration award where:
(d) The arbitrators or the umpire in the course of his or her jurisdiction refused to postpone the hearing upon suf ficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of s. 682.06, as to prejudice substantially the rights of a party.
§ 682.13(1)(d), Fla.Stat. (1997). Based upon our careful review of the record in this case, we cannot find that the arbitrator in this case abused his discretion when he declined the church’s second request for a postponement of the arbitration hearing which had been scheduled to be heard on an expedited basis by agreement of the parties. Moreover, the church has failed to establish that the arbitrator refused to hear evidence material to this controversy. For these reasons, we cannot conclude that the trial court’s entry of the final judgment pursuant to the award and denial of the church’s motion to vacate was error. See Merritt-Chapman & Scott Corp. v. State Road Dept., 98 So. 2d 85 (Fla.1957); Weeki Wachee Orchid Gardens, Inc. v. Florida Inland Theatres, Inc., 289 So. 2d 602 (Fla. 2d DCA 1970); Carol City Utilities, Inc. v. Gaines Constr. Co., 201 So. 2d 242 (Fla. 3d DCA 1967).
Affirmed.
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Murton Roofing Corp. v. FF Fund Corp., 930 So. 2d 772 (Fla. 3d DCA 2006)…al judge of the evidence and the weight to be given to it”). As the arbitrator determines the weight to be given the evidence, FF could not have been prejudiced by his failure to consider it. Open Bible Comty. Church v. Paragon Constr. Unltd., Inc., 751 So. 2d 188 (Fla. 3d DCA 2000) (arbitrator did not abuse his discretion by declining the church’s second request for a postponement of the arbitration hearing where the church failed to establish that the arbitrator refused to hear evidence material to the cont…
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Flavio Dev. Corp. v. Laguna E. Club Condo. Ass'n, Inc., 756 So. 2d 186 (Fla. 3d DCA 2000)…cumstances clearly show that the arbitrators did not abuse their discretion1 in refusing to postpone a hearing, denial of a motion to vacate the resulting arbitration award is required. See Open Bible Community Church v. Paragon Constr. Ultd., Inc., 751 So. 2d 188 (Fla. 3d DCA 2000). The arbitrators under the facts here did not abuse their discretion by refusing to continue the August 10, 1998 hearing. For these reasons, we conclude that the trial court erred in vacating the original arbitration award and or…
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J. Bruce Flatt & Leontine Ebers v. Fowler, 57 So. 3d 905 (Fla. 3d DCA 2011)…PER CURIAM. Affirmed. See Open Bible Cmty. Church v. Paragon Constr. Ultd., Inc., 751 So. 2d 188 (Fla. 3d DCA 2000).…
Authorities Cited
- Carol City Utils., Inc. v. Gaines Constr. Co., 201 So. 2d 242 (Fla. 3d DCA 1967)
- Kuhn v. Telford, 98 So. 2d 85 (Fla. 1957)