QUESTION

Filed for Judgement after winning Arbitration. Contract stated Business nam. Dismissed due to wrong franchise. Do I need to go thru arbitration again?

Asked on Oct 22nd, 2023 on Construction Law - Florida
More details to this question:
I had a construction contract with a named Company. The work was unsat. I went thru arbitration per the contract using the named company. After no response, I was awarded the Final Arbitration. To collect, I filed for judgement in Circuit Court. The case was dismissed without prejudice because defendant showed it was under a franchise name not discovered by me. The Contract was signed by the owner of the company and there was no indication of a named franchise. Do I need to go thru complete arbitration again with the named franchise before I can file another Judgement Request to collect?
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1 ANSWER

Construction Law Attorney serving St. Augustine, FL at Anastasia Law, PL
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Unfortunately, it appears your success in the original arbritration proceeding was in vain, given that the court dismissed the case which was attempting to enforce the arbitor's award in your favor.  One suspects, without knowing, the the court dimissied the case for lack of personal jurisdiction over the defendant in the original proceedings.  Having served a notice of arbitration and not having receiving any response or appearance from the named defendants, proceeding with (and incurring the cost of) the arbitration proceedings involved some level of risk.  Dealing with franchises can be a tricky business, as depsite the purported value of dealing with a trusted branded company, often the fine print leaves the homeowner with remedies only against the stand alone franchisee.  Whether or not the original arbitration proceedings can be reopened or whether new proceedings need to be instituted against the correct defendant, may be a matter of the procedural rules of the private arbitrating authority.  Whether or not the court proceedings, which were dismissed without prejudice, can or will enforce the award will require an actual review of the filings in the arbitration and trial court.  It would be prudent to consult with construction litigation counsel to at least review this matter on your behalf.  I wish you luck.    
Answered on Oct 25th, 2023 at 5:40 AM

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