Background
Stokes McMillan Antúnez Martinez-Lejarza P.A. had represented Janet L. Schmidt and John R. Fernstrom, trustee of the Whiteacre Asset Trust, in unrelated litigation. Their retainer agreement required attorney-fee disputes to be arbitrated before the American Arbitration Association. After a fee dispute arose, the firm commenced arbitration.
In April 2023, the appellants filed a declaratory-judgment action challenging the arbitration clause. The circuit court compelled arbitration, stayed that action, and retained jurisdiction to enforce any award. While their appeal of that order remained pending, the arbitration panel issued an August 2024 award for the firm. Rather than move to vacate the award in the already-pending action, the appellants filed a separate lawsuit in another circuit-court division. After the arbitration order was affirmed and the award was confirmed in the initial action, the circuit court dismissed the separate suit with prejudice.
The Court’s Holding
The Third District affirmed. Chapter 682 expressly requires a party seeking to vacate an arbitration award to proceed by motion when a civil action involving the arbitration agreement is already pending. Sections 682.015(2) and 682.13(1), Florida Statutes, therefore required the appellants to seek vacatur in the initial action, not through a second lawsuit.
The court held that permitting separate actions in these circumstances would conflict with the statutory scheme, duplicate judicial work, and create a risk of inconsistent results. It granted the appellants’ clarification motion, withdrew its July 22, 2026 opinion, and substituted this opinion.
Key Takeaways
- When litigation involving an arbitration agreement remains pending, a request to vacate an award must be made by motion in that case.
- A separate lawsuit challenging the award is improper under Florida’s arbitration statute.
- The court affirmed dismissal with prejudice of the separate vacatur action.
Why It Matters
The decision underscores that parties challenging an arbitration award must use the procedural vehicle specified by chapter 682. Filing a new action instead of a motion in the pending case can result in dismissal, even where the underlying award is separately being challenged or confirmed.