VINCENT S. MERCIER
v.
TURNBERRY ISLE SOUTH CONDOMINIUM ASSOCIATION, INC.

Fla. 3d DCA | 2023-04-12
No. 21-2061
Florida District Court of Appeal, Third District (2023)

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Holding

An arbitration decision in a condominium dispute is final and binding if a complaint for trial de novo is not filed within 30 days of the arbitration decision.


Headnotes

[1] Under Florida Statute § 718.1255(4)(k), an arbitration decision in a condominium dispute becomes final and binding if the dissatisfied party fails to file a complaint for…

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Key Quotes

“An arbitration decision is . . . final if a complaint for a trial de novo is not filed in a court of competent jurisdiction in which the condominium is located within 30 days.”

Florida Statute § 718.1255(4)(k) (2020)

Facts & Procedural History

Mercier and others appealed a circuit court decision in a dispute with Turnberry Isle South Condominium Association. The case involved an arbitration …

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Opinion of the Court

PER CURIAM.

Affirmed. See § 718.1255(4)(k), Fla. Stat. (2020) (“An arbitration decision is . . . final if a complaint for a trial de novo is not filed in a court of competent jurisdiction in which the condominium is located within 30 days.”);

Johnson v. Levine, 736 So. 2d 1235, 1238 (Fla. 4th DCA 1999) (holding that the failure to timely request a trial de novo renders an arbitration decision final and binding); Neate v. Cypress Club Condo., 718 So. 2d 390, 393 (Fla.

4th DCA 1998) (holding pursuant to section 718.1255 that, even when an action has been stayed to allow arbitration to be conducted, after the arbitration results, the party who does not accept the arbitrator’s decision must still file a new complaint in court for a trial de novo within thirty days).

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