Hinshaw v. Wachovia

Annotate this Case

Download PDF

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2006 WALLACE B. HINSHAW, JR., Appellant, v. Case No. 5D05-785 WACHOVIA BANK, N.A., F/K/A FIRST UNION NATIONAL BANK, Appellee. ________________________________/ Opinion filed August 4, 2006 Appeal from the Circuit Court for Osceola County, R. James Stroker, Judge. Sharon Lee Appellant. Stedman, Orlando, for John H. Pelzer and Stephen M. Teplin of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for Appellee. PLEUS, C.J. 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 2002). 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. Oc wen Financial Corp., 763 So. 2d 347 (Fla. 4th DCA 1998). AFFIRMED. GRIFFIN and LAWSON, JJ., concur. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.