PAR FOUR, INC., A FLORIDA CORPORATION, APPELLANT,
v.
JOSEPH GOTTLIEB AND BETTY GOTTLIEB, HIS WIFE, APPELLEES
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Attorney's fees incurred during arbitration are recoverable under an agreement providing for fees in the event of "any litigation."
The parties' agreement provided for attorney's fees to the prevailing party in the event of "any litigation."…
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HERSEY, Judge.
The issue on appeal is whether entitlement to attorney’s fees specifically provid ed for by agreement includes attorney’s fees incurred during arbitration in connection with the parties’ litigation. A collateral issue is whether attorney’s fees in this context are prohibited by section 682.11, Florida Statutes (1991).
Attorney’s fees for services performed in arbitration proceedings are recoverable only when authorized by statute or by specific agreement. Beach Resorts Int’l, Inc. v. Clarmac Marine Constr. Co., 339 So. 2d 689, 690 (Fla. 2d DCA1976). In the case at bar the agreement provided that, in the event of “any litigation,” the prevailing party would be entitled to recover attorney’s fees. The trial court held, and we agree, that the term “litigation” in the context of the agreement before the court includes proceedings in arbitration. B & H Constr. & Supply Co. v. Tallahassee Community College, 542 So. 2d 382, 390 (Fla. 1st DCA) (in construing attorney’s fee provision in agreement, term “legal action” includes arbitration proceedings), rev. denied, 549 So. 2d 1013 (Fla.1989); Consolidated Labor Union Trust v. Clark, 498 So. 2d 547 (Fla. 3d DCA1986) (arbitration is included in the term “action” within the meaning of the attorney’s fees provision of ERISA, 29 U.S.C. § 1132(g)(1) (1982)).
We also reject appellant’s fail-back position that section 682.11, Florida Statutes (1991), prohibits an award of attorney’s fees in arbitration cases. See Fewox v. McMerit Constr. Co., 556 So. 2d 419 (Fla.2d DCA1989) (en banc), approved, 579 So. 2d 77 (Fla.1991).
AFFIRMED.
ANSTEAD and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. Prudential Sec. Inc., 846 F. Supp. 978 (M.D. Fla. 1994)…cited by Defendant, does not allow arbitrators to award attorneys’ fees. The award of attprneys’ fees is not proscribed in arbitration cases, the Arbitration Code only prohibits arbitrators from awarding these fees. Par Four, Inc. v. Gottleib, 602 So.2d 689 (Fla. 4th DCA 1992). In the instant case, the arbitrators’ conduct in awarding Plaintiff attorneys’ fees were not proscribed. They merely provided Plaintiff with an entitlement of attorneys’ fees predicated on an amount that is to be determined “by…
Authorities Cited
- Fewox v. McMERIT Constr. Co., 556 So. 2d 419 (Fla. 2d DCA 1989)
- B & H Constr. & Supply Co., Inc. v. The Dist. Bd. OF Trs. OF Tallahassee Cmty. Coll., 542 So. 2d 382 (Fla. 1st DCA 1989)
- Ins. Co. OF N. Am. v. Acousti Eng'g Co. OF Fla., 579 So. 2d 77 (Fla. 1991)
- Beach Resorts Int'l, Inc. v. Clarmac Marine Constr. Co., 339 So. 2d 689 (Fla. 2d DCA 1976)
- Consol. Labor Union Tr. v. Clark, 498 So. 2d 547 (Fla. 3d DCA 1986)