Legal Opinion

Loewenstein, Inc. v. Draheim

District Court of Appeal of Florida

Decided November 30, 2005No. 4D05-1992Published

1Per 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…

2Cases cited4 opinions

  1. Turnberry Associates v. SERVICE STATIONSupreme Court of Florida · 1995
  2. Ruffin v. KINGSWOOD E. CONDOMINIUM ASS'NDistrict Court of Appeal of Florida · 1998
  3. Fridman v. Citicorp Real Estate, Inc.District Court of Appeal of Florida · 1992
  4. Ripple v. PackardDistrict Court of Appeal of Florida · 1985

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