PARK SHORE DEVELOPMENT CO., INC., A FLORIDA CORPORATION, SPECTRUM CONTRACTING COMPANY, A FLORIDA CORPORATION, QUALITY ENGINEERED INSTALLATIONS, INC., A FLORIDA CORPORATION, APPELLANTS,
v.
HIGLEY SOUTH, INC., A FLORIDA CORPORATION, AND RELIANCE CONSTRUCTION COMPANY, A FLORIDA CORPORATION, D/B/A HIGLEY-RELIANCE, A JOINT VENTURE, AND FEDERAL INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLEES
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Statutory attorney's fees are recoverable for legal services incurred in arbitration proceedings, notwithstanding the arbitrator's inability to award them.
Arbitrators awarded legal fees to Park Shore Development Co., Inc. and its subcontractors. The trial court denied confirmation of these statutory atto…
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SCHEB, Judge.
In these consolidated cases, arbitrators ordered Higley South, Inc., Reliance Construction Company, and Federal Insurance Company to reimburse Park Shore Development Co., Inc., an owner, Spectrum Contracting Company and Quality Engineered Installations, Inc., subcontractors, for legal fees incurred in arbitration proceedings. After a hearing on various motions, the trial court entered an order denying the motions seeking confirmation of the awards as to statutory attorney’s fees and granting Federal’s motion for summary judgment in opposition to fees. The trial judge correctly concluded he was bound by our decision in Glen Johnson v. L.N. Howdeshell, 520 So. 2d 297 (Fla. 2d DCA 1988), and St. Paul Fire and Marine Ins. Co. v. Sample, 533 So. 2d 1196 (Fla. 2d DCA 1988).
In Fewox v. McMerit Construction Co., 556 So. 2d 419 (Fla. 2d DCA 1989), this court receded from Glen Johnson and St. Paul. We held that sections 627.428 and 627.756, Florida Statutes (1987), authorize an award of attorney’s fees notwithstanding section 682.11, which merely prohibits arbitrators from making such an award. Therefore, we reverse the trial court’s orders and remand for further proceedings consistent with our opinion in Fewox.
As in Fewox, we certify the following question as involving inter-district conflict and being of great public importance:
DOES SECTION 682.11, FLORIDA STATUTES (1987), PROHIBIT AN AWARD OF ATTORNEY’S FEES INCURRED DURING ARBITRATION PROCEEDINGS, OR DOES IT MERELY PROHIBIT THE ARBITRATOR FROM MAKING SUCH AN AWARD?
CAMPBELL, C.J., and LEHAN, J., concur.
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Ins. Co. OF N. Am. v. Acousti Eng'g Co. OF Fla., 579 So. 2d 77 (Fla. 1991)…r review three consolidated cases, Insurance Co. of North America v. Acousti Engineering Co., 549 So. 2d 790 (Fla. 5th DCA 1989); Fewox v. McMerit Construction Co., 556 So. 2d 419 (Fla. 2d DCA 1989); Park Shore Development Co. v. Higley South, Inc., 556 So. 2d 439 (Fla. 2d DCA 1990), all of which present the issue of whether a subcontractor or owner who prevails in arbitration proceedings against a contractor or its surety on the construction payment or performance bond is entitled to recover, from the surety…1 / 2
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Pierce v. J.W. Charles-Bush Sec., Inc., 603 So. 2d 625 (Fla. 4th DCA 1992)…hree consolidated cases were Insurance Company of North America v. Acousti Engineering Co., 549 So. 2d 790 (Fla. 5th DCA 1989); Fewox v. McMerit Construction Co., 556 So. 2d 419 (Fla.2d DCA1989); and Park Shore Development Co. v. Higley South, Inc., 556 So. 2d 439 (Fla.2d DCA1990).…
Authorities Cited
- Fewox v. McMERIT Constr. Co., 556 So. 2d 419 (Fla. 2d DCA 1989)
- Glen Johnson, Inc. v. L.M. Howdeshell, Inc., 520 So. 2d 297 (Fla. 2d DCA 1988)
- ST. Paul Fire & Marine Ins. Co. v. Sample, 533 So. 2d 1196 (Fla. 2d DCA 1988)