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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33149
Experience:  Began practicing law in 1992
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Is there a form I can use to petition the orlando florida court to confirm my arbitration

Customer Question

Is there a form I can use to petition the orlando florida court to confirm my arbitration expungement award to give back to Finra in order to remove the broker check disclosure on my record.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I'm not aware of a form but if the arbitrator made a specific finding that does what you want then you can ask the judge to adopt the findings of the arbitrator and enter them of record if there was a lawsuit filed. If no lawsuit as filed then you have to file a lawsuit asking the judge to do this. Realistically you probably want to use an attorney because these are basically declaratory judgment type actions and are very procedurally difficult and if you make any mistakes the judge must reject the request ant it may even stop you from refiling in the future asking for the same "relief". There is also a chance that you can recover your attorney's fees for this part of the procedure. You would want to talk to the local lawyer and see what they think the judge is likely to do.
Customer: replied 1 year ago.
I am quite discouraged with this process. I would like more specific advice on what exactly to do so I don't have to spend $5000 on an attorney to remove the disclosure on my broker check record. I have the expungement order from the Finra arbitration. Can't you explain to me exactly how to have the orlando court confirm this so I can bring back the order to Finra to remove the mark on my record?The original allegations were found to be false and simply did not happen.
Expert:  Dwayne B. replied 1 year ago.
I can tell you the process but I can't tell you what to put in the documents because that isn't allowed. Can you explain how you ended up in the arbitration? Did somebody file a lawsuit, etc?
Customer: replied 1 year ago.
Yes, one of the children of a deceased client was a paralegal and requested statements going back 7 years and the firm was going to charge $300 to send them. She didn't want to pay that so she convinced a attorney in another state to file a suit against me and the brokerage firm I was with at the time.They received the statements from the brokerage firm and the matter was never pursued as the attorney dropped it. Client made money. While all this was going on I left the brokerage firm and they never pursued the expungement. They told me it would automatically drop off my record which was a lie.Now I am stuck trying to complete this expungement process and I feel determined to do this myself as I had done nothing wrong whatsoever.
Expert:  Dwayne B. replied 1 year ago.
So was the arbitration ordered by the court, was it done because all parties agreed to arbitrate, was it required because of a contractual provision, etc.?
Customer: replied 1 year ago.
Yes the standard brokerage account paperwork required arbitration
Expert:  Dwayne B. replied 1 year ago.
Also, I'm not familiar with Finra and the broker check disclosure you mention. Can you provide a short explanation on how this lawsuit is affecting you in regards ***** *****?
Customer: replied 1 year ago.
Anyone can go to http://brokercheck.finra.org/ and check the record of a broker. If you type my name in Edward A. McDonough you will see the disclosure as you look at my record.
Expert:  Dwayne B. replied 1 year ago.
The reason I am asking this is that only parties to a lawsuit (or an arbitration) are bound by those decisions. So, if you get the arbitration award entered as a judgment then the terms are only enforceable against the parties. Also, did the arbitrator make a specific finding as to whatever they would have to find regarding you? Not a general "Plaintiff takes nothing" but a specific finding that "the black mark shouldn't be on your record"?
Customer: replied 1 year ago.
Prospective clients don't understand that when it says denied, it means the arbitration denied the allegation. Often times the prospective client will read this and simply think I denied it even though the arbitration result was a denial. It terrible explanation
Customer: replied 1 year ago.
Yes he made a specific finding which entitled me to the expungement
Customer: replied 1 year ago.
I can send you the specific language tomorrow as I am out of the office right now
Customer: replied 1 year ago.
This arbitration was an arbitration in order to get the expungement. The original arbitration was due to the lawsuit which was denied.
Expert:  Dwayne B. replied 1 year ago.
I think I can answer what you need now without the specific language.What you will want to file is a document called a Motion to Enter Arbitration Award as Judgment. You will file it in the same court and the same cause number as the original lawsuit. There is a section of the Florida statutes called the Arbitration Code which you can see at http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0682/0682.html The specific section you are looking for is 682.15. In the motion you simply describe what you are wanting and you attach a copy of the arbitrators award to the motion as Exhibit "A". You then serve all other parties with a copy of the motion. You can serve them by having a civil process server hand them a copy or by having the clerk of court send it certified mail, return receipt requested.Florida has a reasonably lax system as far as forms, language, format, etc. Just so long as you get the point across and properly serve everyone you should be okay with the filing.You also have to prepare the judgment. What you may want to do is go to a website like odesk.com or elance.com and hire an attorney on there to fill out the motion and the judgment for you. As I mentioned before, you can also consider hiring an attorney for the whole process and then seeking to have the attorney's fees awarded to you for doing this since you won the arbitration. The statute, 682.15, specifically allows for the recover of attorney's fees. While I understand that you don't want to spend money correcting the issue, and you can certainly do it yourself, the judgment will be the most difficult part and, in addition, you still have to see if the agency that runs the website will be willing to make the change based on an arbitration and judgment that they weren't a party to.
Expert:  Dwayne B. replied 1 year ago.
I looked again and didn't find a form for you to follow for Florida. I'm going to look in other states now.
Customer: replied 1 year ago.
I found one in California and was wondering if I should use a similar format?
Expert:  Dwayne B. replied 1 year ago.
That was where I was about to look. Do you have the link?
Customer: replied 1 year ago.
The broker check website is run by FINRA
Customer: replied 1 year ago.
Sorry the form is at my office
Customer: replied 1 year ago.
I have to go into a meeting. I will be back in touch tomorrow. Thank you for your assistance.
Expert:  Dwayne B. replied 1 year ago.
No problem. I'll look for forms that can be modified in the meantime. Best wishes to you and please don't forget to leave a Positive Rating so I receive credit for my work. Even after you issue the rating you can come back for follow ups if you have them. Issuing the rating just ensures that 1) I receive credit and 2) the question doesn't time out and close.
Expert:  Dwayne B. replied 1 year ago.
Also, here is an article that you may want to read: http://www.lectlaw.com/files/adr15.htm