Suzanne Klein v. J.L. Howard Book Reviews

Suzanne Klein v. J.L. Howard by Court of Appeal of Florida Book Summary

SCHWARTZ, ALAN R., ASSOCIATE JUDGE. As was correctly held below, under the clear and mandatory provisions of section 44.303(4), Florida Statutes (1987),1{/Cite}
and rule 1.820(h), Florida Rules of Civil Procedure,2{/Cite} upon the failure to move for a trial de novo within 20 days
of the service of an arbitration award rendered pursuant to section 44.303, Florida Statutes (1987), the trial court is required
to enforce the award and lacks discretion to do otherwise. Wiesen v. Schatzberg, 157 Fla. 375, 26 So.2d 62 (1946); State ex
rel. Negron v. Court of Record In and For Broward County, 286 So.2d 582 (Fla. 4th DCA 1973). It does not matter that the award
itself was untimely rendered beyond the period provided by rule 1.820(g)(3), Florida Rules of Civil Procedure,3{/Cite}
because, in contrast to section 44.303(4) and rule 1.820(h), this clause is merely directory. Department of Business Regulation,
Division of Pari-Mutuel Wagering v. Hyman, 417 So.2d 671 (Fla. 1982), on remand, 431 So.2d 603 (Fla. 3d DCA 1983); Allied
Fidelity Ins. Co. v. State, 415 So.2d 109 (Fla. 3d DCA 1982); and cases cited.4{/Cite} No other error is presented.

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