From Casetext: Smarter Legal Research

Hinshaw v. Wachovia Bank, N.A.

District Court of Appeal of Florida, Fifth District
Aug 4, 2006
935 So. 2d 86 (Fla. Dist. Ct. App. 2006)

Opinion

No. 5D05-785.

August 4, 2006.

Appeal from the Circuit Court, Osceola County, R. James Stroker, J.

Sharon Lee Stedman, Orlando, for Appellant. John H. Pelzer and Stephen M. Teplin of Ruden, McClosky, Smith, Schuster Russell, P.A., Fort Lauderdale, for Appellee.


Given the absence of a timely challenge to the arbitration award or presentation of a viable issue to the trial court which had not been submitted to arbitration, the trial court was correct in confirming the arbitration award and entering final judgment in favor of Wachovia. §§ 682.12, 682.13, 682.15, Fla. Stat. See A-1 Roofing v. Select Contracting, Inc., 865 So.2d 601 (Fla. 3d DCA 2004). See also Meade v. Lumbermen's Mutual Cas. Co., 423 So.2d 908 (Fla. 1982). Hinshaw also challenges the separate, post-judgment order awarding Wachovia attorney's fees and costs. However, Hinshaw's failure to direct a timely notice of appeal to this final, distinct order precludes appellate review. See Mendoza v. Mendoza, 842 So.2d 1020 (Fla. 5th DCA 2003); Miller v. Nassofer, 484 So.2d 619 (Fla. 5th DCA 1986). See also Bove v. Ocwen Financial Corp., 763 So.2d 347 (Fla. 4th DCA 1998). AFFIRMED. GRIFFIN and LAWSON, JJ., concur.


Summaries of

Hinshaw v. Wachovia Bank, N.A.

District Court of Appeal of Florida, Fifth District
Aug 4, 2006
935 So. 2d 86 (Fla. Dist. Ct. App. 2006)
Case details for

Hinshaw v. Wachovia Bank, N.A.

Case Details

Full title:Wallace B. HINSHAW, Jr., Appellant, v. WACHOVIA BANK, N.A., f/k/a First…

Court:District Court of Appeal of Florida, Fifth District

Date published: Aug 4, 2006

Citations

935 So. 2d 86 (Fla. Dist. Ct. App. 2006)

Citing Cases

Zahav Refi LLC v. White Hawk Asset Mgmt.

But absent a basis to vacate, modify, or correct, or the presentation of an issue to the circuit court which…

Association Cas. Ins. Co. v. Allstate Ins. Co.

See e.g., Scott v. Lowe, 78 So. 2d 452, 454-55 (Miss. 1955) (applying exhaustion requirement where the…