Florida District Courts of Appeal, 2005

Loewenstein, Inc. v. Draheim

Loewenstein, Inc. v. Draheim
Florida District Courts of Appeal · Decided November 30, 2005 · Gross, Gunther, Hazouri
914 So. 2d 1106; 2005 Fla. App. LEXIS 18814; 2005 WL 3180083 (Southern Reporter, Second Series)

Loewenstein, Inc. v. Draheim

Opinion of the Court

PER CURIAM.

The circuit court vacated an arbitration award because the arbitrator “exceeded the powers granted to him.” Appellant, Loewenstein, Inc., filed a motion seeking to compel another arbitration. The court denied the motion. Loewenstein appeals. This court has jurisdiction. See Fla. R.App. P. 9.130(a)(3)(C)(iv). We reverse.

This is a case where the parties contractually agreed to arbitrate. Cf. Ruffin v. Kingswood, E. Condo. Ass’n, Inc., 719 So.2d 951, 953 n. 2 (Fla. 4th DCA 1998). It is error for a circuit court to enter an order vacating an arbitration award without directing a rehearing by the arbitration panel. See Ripple v. Packard, 471 So.2d 1293 (Fla. 3d DCA 1985); Fridman v. Citicorp Real Estate, Inc., 596 So.2d 1128, 1129 (Fla. 2d DCA 1992), overruled on other grounds by Tumberry Assocs. v. Service Station Aid, Inc., 651 So.2d 1173 (Fla. 1995); see also § 682.13(3), 682.20(1)(e), Fla. Stat. (2005).

Reversed and remanded for further proceedings consistent with this opinion.

GUNTHER, GROSS and HAZOURI, JJ., concur.

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