Loewenstein, Inc. v. Draheim

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2005 LOEWENSTEIN, INC., Appellant, v. JOHN DRAHEIM, as agent and principal of the Bierman/Draheim Partnership, Appellee. No. 4D05-1992 [November 30, 2005] 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 Turnberry Assocs. v. Service Station Aid, Inc., 651 So. 2d 1173 (Fla. 1995); see also § 682.13(3), 682.20(e), Fla. Stat. (2005). Reversed and remanded for further proceedings consistent with this opinion. GUNTHER, GROSS and HAZOURI, JJ., concur. * * * Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Leroy H. Moe, Judge; L.T. Case No. 0313603(13). Scott A. Forman, and Patrick F. Martin of Littler Mendelson, P.C., Miami, for appellant. John N. Cain, Jr., and Kevin J. Fitzsimmons of Mandelbaum, Fitzsimmons & Hewitt, P.A., Tampa, for appellee. Not final until disposition of timely filed motion for rehearing. -2-

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