Janet L. Schmidt, et al. v. Stokes McMillan Antúnez Martinez-Lejarza P.A.
The Third DCA affirmed dismissal with prejudice of a separate lawsuit to vacate an arbitration award, holding that chapter 682, Florida Statutes expressly requires vacatur to be sought by motion in any pending civil action involving the parties' agreement to arbitrate — not by filing a new independent action. This opinion provides clear procedural guidance for practitioners navigating post-award disputes under Florida's Revised Uniform Arbitration Act, underscoring that the choice of procedural vehicle (motion vs. complaint) is mandatory, not discretionary, when related litigation remains pending.
Key facts
- Appellee Stokes McMillan Antúnez Martinez-Lejarza P.A. represented Appellants in prior, unrelated litigation under a retainer agreement containing an AAA arbitration clause for fee disputes.
- In April 2023, Appellants filed a declaratory judgment action (Initial Action) seeking to invalidate the arbitration clause; the trial court compelled arbitration in November 2023 and reserved jurisdiction to enforce any award.
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Holdings
- Section 682.015(2), Fla. Stat. (2024), mandates that where a civil action involving the agreement to arbitrate is pending, notice of a vacatur petition must be given by motion in that…
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