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.
Key facts
- Brendan Ryan retained the Law Office of Robert Eckard & Associates under a November 2023 retainer agreement containing an arbitration clause designating The Florida Bar Arbitration Program with arbitration in Pinellas County.
- A separate document purporting to amend the arbitration provision gave Ryan unilateral authority to determine all aspects of arbitration including jurisdiction and venue, in exchange for a $5,000 refundable fee that Eckard accepted.
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Holdings
- Section 682.12, Florida Statutes, is mandatory — the trial court has no discretion and must confirm an arbitration award unless a party moves to vacate, modify, or correct within the ninety…
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Why it matters
This opinion converts the ninety-day window in section 682.13(2) into an effectively jurisdictional deadline that trial courts cannot forgive, comparing it to a statute of repose. The practical consequences for… — full analysis with a trial
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