In People’s Trust Insurance Co. v. Hernandez, Case No. 4D2024-3274, the Fourth District Court of Appeal reaffirmed the mandatory nature of the recently amended Florida Rule of Civil Procedure 1.820(h). The court granted a petition for writ of mandamus, directing the trial court to enforce a nonbinding arbitration award in favor of the insurer after the respondents failed to comply with the amended procedural requirements.
Key Holding: A motion for trial de novo must strictly comply with amended Rule 1.820(h), which now requires a combined “notice of rejection of the arbitration decision and request for trial” within 20 days of service of the arbitrator’s decision. The homeowners’ filing of a motion for trial de novo—without expressly including a notice of rejection—was deemed insufficient, even though the motion cited Rule 1.820(h).
Procedural Background: The arbitration concluded before the amendment took effect (July 1, 2024), but the arbitrator’s decision was issued after that date. Thus, the amended rule governed. The trial court denied the insurer’s motion to enforce the award, relying on Vitesse, but the Fourth DCA found Vitesse inapplicable and reversed, citing its more recent decision in Lawnwood Med. Ctr. v. Rouse, 394 So. 3d 51 (Fla. 4th DCA 2024).
Practice Pointer: This decision is a clear warning to practitioners:substantial compliance is no longer sufficient. Any request for trial following nonbinding arbitration must include an express notice rejecting the arbitration decision. Courts will enforce the plain text of Rule 1.820(h) and section 44.103(5), Florida Statutes.
Action Item: Counsel should immediately update their post-arbitration templates and protocols to conform to the amended rule. As Judge Gross cautioned in his concurrence, “A prudent lawyer should double check any rule being relied upon to ensure compliance with the most recent, applicable version.”
For more information, contact your litigation counsel or reach out to our office for compliance checklists and updated forms.
Osherow, PLLC 561.257.0880 info@osherowpllc.com
