Brendan Ryan v. Robert D. Eckard; The Law Office of Robert Eckard & Associates, P.A.; and Drew K. Patterson
The Second District reversed the dismissal of a petition to confirm an arbitration award, holding that section 682.12 is mandatory: a court must confirm an award unless a motion to vacate, modify, or correct is filed within the ninety-day period prescribed by section 682.13(2), and the court has no authority to extend that period. Because chapter 682 prescribes the scope of judicial power over confirmation and the rules of civil procedure do not address these timeframes, Eckard's late motion was untimely and its motion to dismiss should not have been entertained at all. The court remanded with directions to enter an order confirming the award and separately admonished counsel for emails threatening criminal prosecution to gain advantage in a civil matter.
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