Kely Bernardes v. Morrison Management Specialists, Inc.

Bernardes v. Morrison Management Specialists, Inc., No. 3D25-0692 · Third District Court of Appeal of Florida · October 15, 2025 · No. No. 3D25-0692

Summary

The Third District Court of Appeal of Florida affirmed the circuit court’s confirmation of an arbitration award in an employment-related dispute. The court relied on the absence of a timely challenge to the award, the presumption that a person signing a contract knows its contents, and the waiver of issues raised for the first time in a reply brief or not raised in the initial brief.

Holdings

  1. The circuit court properly confirmed the arbitration award because no timely challenge, basis to vacate, modify, or correct the award, or viable issue outside the scope of arbitration was presented.
  2. Issues raised for the first time in a reply brief or not raised in the initial brief are waived or abandoned and will not be considered.

Questions Presented

  1. Whether the circuit court properly confirmed the arbitration award.
  2. Whether issues raised for the first time in the reply brief or omitted from the initial brief could be considered on appeal.

Disposition

affirmed

Cases Cited (7)

  • Zahav Refi LLC v. White Hawk Asset Mgmt., Inc., 395 So. 3d 556, 559 (Fla. 2d DCA 2024)(followed)
  • Hinshaw v. Wachovia Bank, N.A., 935 So. 2d 86, 86-87 (Fla. 5th DCA 2006)(followed)
  • Kendall Imps., LLC v. Diaz, 215 So. 3d 95, 101 (Fla. 3d DCA 2017)(applied)
  • Rivero v. Rivero, 963 So. 2d 934, 938 (Fla. 3d DCA 2007)(followed)
  • Raffay v. Longwood House Condo. Ass'n, Inc., 389 So. 3d 589, 593 (Fla. 3d DCA 2023)(followed)
  • State v. City of Weston, 316 So. 3d 398, 408 (Fla. 1st DCA 2021)(followed)
  • Rosier v. State, 276 So. 3d 403, 406 (Fla. 1st DCA 2019)(followed)

Cited In (0)

No citing cases on record yet.

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