Plaintiff v State Farm (claim for PIP benefits )

Jose Pete Font and Jaime Martin (Broward/Ft. Lauderdale, FL) (Automobile Liability/PIP). In this claim for PIP benefits State Farm prevailed in arbitration shortly before trial. Although the arbitrator’s signed award was not served until the following day, Plaintiff’s counsel filed the motion for trial de novo on the day of the arbitration because of an ex-parte email exchange with the arbitrator, wherein the arbitrator sent an unexecuted copy of the arbitration award. Because an unsigned arbitration award is invalid, and binding precedent establishes that a premature motion for trial de novo is null and void, State Farm moved for entry of final judgment. Notwithstanding repeated representations by Plaintiff’s counsel that the arbitration award was in fact served on the same day of the arbitration, through a lengthy evidentiary hearing (including cross-examination of numerous witnesses) and argument of the law, Honorable Robert Lee entered final judgment in favor of State Farm.