HERBERT JEAN
v.
BAYVIEW ASSET MANAGEMENT LLC, ET AL.
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A trial court is bound by prior appellate rulings on the same facts and must confirm an arbitration award unless a timely motion to vacate or modify has been filed within ninety days.
[1] A trial court must confirm an arbitration award unless a motion to vacate or modify the award is filed within ninety days of delivery, as required by Florida Statute § 68…
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Join FLexlaw to unlock all legal intelligence“Under the law of the case doctrine, a trial court is bound to follow prior rulings of the appellate court as long as the facts on which such decision are based continue to be the facts of the case.”
Explaining the binding effect of prior appellate decisions on trial courts in subsequent proceedings involving the same facts.
Herbert Jean appealed a circuit court decision in Miami-Dade County involving arbitration proceedings and a motion to confirm an arbitration award.…
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Third District Court of Appeal
State of Florida
Opinion filed October 22, 2026.
Not final until disposition of timely filed motion for rehearing.
No. 3D26-0502 Lower Tribunal No. 19-10064-CA-01
Herbert Jean, Appellant,
vs.
Bayview Asset Management LLC, et al., Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Mavel Ruiz, Judge.
Herbert Jean, in proper person.
Reed Smith LLP, and Daniel Alvarez Sox, for appellees.
Before MILLER, LOBREE and GOODEN, JJ.
PER CURIAM.
Affirmed. See Jean v. Bayview Loan Servicing, LLC, 352 So. 3d 908,
909 (Fla. 3d DCA 2022); Fla. Dep't of Transp. v. Juliano, 801 So. 2d 101, 106 (Fla. 2001) (“Under the law of the case doctrine, a trial court is bound to follow prior rulings of the appellate court as long as the facts on which such decision are based continue to be the facts of the case."); § 682.12, Fla. Stat. (2024) ("After a party to an arbitration proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected pursuant to s. 682.10 or s. 682.14 or is vacated pursuant to s. 682.13."); Martinez v. Ring-Cent., Inc., 392 So. 3d 569, 572 (Fla. 4th DCA 2024) (“The language of section 682.12 is mandatory-the court must confirm the arbitration award unless a motion to vacate or modify has been filed within ninety days of delivery of the award.” (quoting SEIU Fla. Pub. Servs. Union, CTW, CLC (FPSU) v. City of Boynton Beach, 89 So. 3d 960, 961 (Fla. 4th DCA 2012))); Cleveland v. Crown Fin., LLC, 212 So. 3d 1065, 1069 (Fla. 1st DCA 2017) (“Relief from judgment based on newly discovered evidence claim should be seldom granted and only when the party seeking relief has exercised due diligence.” (quoting Hooks v. Quaintance, 71 So. 3d 908, 911 (Fla. 1st DCA 2011))).
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Fla. Dep't OF Transp. v. Juliano, 801 So. 2d 101 (Fla. 2001)
- Cleveland v. Crown Fin., LLC, 212 So. 3d 1065 (Fla. 1st DCA 2017)
- Hooks v. Laytoya Quaintance, 71 So. 3d 908 (Fla. 1st DCA 2011)
- Seiu Fla. Pub. Servs. Union v. City OF Boynton Beach, 89 So. 3d 960 (Fla. 4th DCA 2012)
- Jean v. Bayview Loan Servicing, LLC, 352 So. 3d 908 (Fla. 3d DCA 2022)
- Martinez v. Ring-Central, Inc., 392 So. 3d 569 (Fla. 4th DCA 2024)