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Nicholson-Kenny Capital Management12/14/2005
The trial court entered a final judgment on an arbitration award because the court found that appellant did not file a request for trial de novo within twenty days, pursuant to Florida Rule of Civil Procedure 1.820(h). We reverse, concluding that appellees were precluded from raising the failure to file a paper styled "Motion for Trial" under these circumstances where the case was set for trial prior to the arbitration proceeding, appellant filed a notice for a pretrial conference after the arbitration, and appellees actually participated in trial preparations and docket call after the arbitration ruling.
Appellant, Nicholson-Kenny Capital Management, Inc., sued the appellees, hereinafter referred to collectively as Steinberg, for misappropriation of trade secrets. After discovery and motion practice, Steinberg moved to set the case for trial. The court entered an order setting calendar call for the trial of the action on August 29, 2003. The order prescribed the pretrial procedure, including the holding of pretrial conferences between the parties and the filing of the pretrial statement. In the order setting trial, the court also ordered the parties to non-binding arbitration pursuant to rule 1.820.
The parties went to arbitration, and the arbitrator rendered its order in favor of Nicholson for $1.5 million in damages. A corrected ruling was served on the parties on August 9, 2003. On August 13, after the arbitration decision was rendered, Nicholson's attorney served a "Notice of Conference of Parties & Attorneys" on Steinberg. The notice provided:
Conference has been scheduled, pursuant to Paragraph 6 of Order Setting Trial, for all parties and/or their attorneys, to meet to DISCUSS SETTLEMENT, SIMPLIFY THE ISSUES AND STIPULATE IN WRITING TO AS MANY FACTS AND ISSUES AS POSSIBLE, PREPARE A PRETRIAL STIPULATION IN ACCORDANCE WITH THE PRETRIAL REQUIREMENTS, AND TO LIST ALL OBJECTIONS TO TRIAL EXHIBITS . . . .
(emphasis in original). Steinberg's attorneys' office was designated as the conference site. The meeting must have taken place because after the scheduled date, Nicholson's attorney filed a notice that several of the unrepresented defendants did not appear.
Discovery proceeded in accordance with the terms of the order setting trial, and Steinberg took a deposition in the case the day before docket call. During the deposition, Steinberg's counsel discussed the pretrial statement with Nicholson's attorney.
At the already scheduled calendar call on August 29, 2003, Nicholson requested a trial date. Steinberg's attorney appeared and voiced no objection. The court then set the trial for October 20.
In accordance with the Order on Pretrial Procedures, both Nicholson's and Steinberg's attorneys appeared at a uniform motion calendar hearing the following week regarding the filing of the joint pretrial stipulation. Both lawyers told the judge that they expected to complete it soon. Both lawyers signed the revised joint pretrial statement later that day.
Ten days later, Steinberg filed a motion for final judgment alleging that because Nicholson failed to file a motion for trial de novo, the court was required to enter final judgment on the arbitrator's decision. After argument, the court agreed, entering final judgment and denying a motion for rehearing.
With respect to a trial after a party rejects an arbitrator's award in non-binding arbitration, rule 1.820(h) states:
(h) Time for Filing Motion for Trial. Any party may file a motion for trial. If a motion for trial is not made within 20 days of service on the parties of the decision, the decision shall be referred to the presid
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