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Breakstone v. Lehr

District Court of Appeal of Florida, Third District
Feb 8, 1995
649 So. 2d 352 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-1790.

February 8, 1995.

An Appeal from the Circuit Court for Dade County; Jon I. Gordon, Judge.

Greenspoon, Marder, Hirschfeld Rafkin and Leonard Lubart and Michael Marder, Fort Lauderdale, for appellants.

Anderson, Moss, Parks Sherouse and Edward R. Moss, Miami, for appellees.

Before JORGENSON, COPE and GODERICH, JJ.


Defendants appeal from an order denying their motion to vacate an arbitration award. We affirm.

The record demonstrates conclusively that none of the factors specified in section 682.13, Florida Statutes (1993), support vacating the arbitration award. The alleged acts and statements of one member of the panel of three arbitrators did not rise to the level of "evident partiality," nor did defendants demonstrate that the allegations of bias, even if true, prejudiced the rights of any party as required by section 682.13. See also Schnurmacher Holding, Inc. v. Noriega, 542 So.2d 1327, 1329 (Fla. 1989) (arbitration award may be set aside only upon grounds enumerated in section 682.13; principle of finality of arbitration awards must be adhered to "in order to preserve the integrity of the arbitration process as a means of alternative dispute resolution"). AFFIRMED.

This litigation has been pending since 1984. "There must be some point in every court proceeding when the cause is finally disposed of, its thread cut, and the parties out of court." Donner v. Appalachian Ins. Co., 580 So.2d 797, 798 (Fla. 3d DCA) (citation omitted), rev. denied, 591 So.2d 181 (Fla. 1991), cert. denied, ___ U.S. ___, 112 S.Ct. 1669, 118 L.Ed.2d 389 (1992). We trust that the parties recognize that such a time has come.


Summaries of

Breakstone v. Lehr

District Court of Appeal of Florida, Third District
Feb 8, 1995
649 So. 2d 352 (Fla. Dist. Ct. App. 1995)
Case details for

Breakstone v. Lehr

Case Details

Full title:ARTHUR L. BREAKSTONE, ET AL., APPELLANTS, v. DAVID LEHR, M.D., ET AL.…

Court:District Court of Appeal of Florida, Third District

Date published: Feb 8, 1995

Citations

649 So. 2d 352 (Fla. Dist. Ct. App. 1995)