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A Florida appellate court has held that an arbitration award from non-binding arbitration becomes binding when a party fails to file a request for a trial de novo within 20 days of service of the arbitration award.
In Quaregna v. Strategic Performance Fund II, Inc., No. 4D05-4263, 2006 WL 3299863 (Fla. App. Nov. 15, 2006), Quaregna appealed a final summary judgment order entered in Healthgrades’ favor. The parties had participated in non-binding arbitration to resolve a personal injury dispute, and the arbitrator issued an award in Quaregna’s favor.
This Court reversed the lower court’s grant of summary judgment. Under Fla. Stat. § 44.103, arbitration decisions are deemed final if neither party files a request for a trial de novo with 20 days of the arbitration award being issued. Since Healthgrades failed to do so, the arbitration order in Quaregna’s favor became binding.
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