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.
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