MICHAEL A. SOLOMON, APPELLANT,
v.
FAY SIRKUS AND FAY SIRKUS AS PERSONAL REPRESENTATIVE OF THE ESTATE OF WILLIAM SIRKUS, JOINTLY AND SEVERALLY, APPELLEES
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PER CURIAM.
Appellant contends that the trial court erred when it denied his motion to vacate or modify that part of the arbitration award that determined entitlement to attorney’s fees. We agree and reverse.
The record supports appellant’s argument that in the underlying arbitration proceeding the parties did not stipulate to confer jurisdiction upon the arbitrators to decide the attorney’s fee issue. In the absence of such a stipulation, the arbitrators exceeded the scope of their authority under section 682.11, Florida Statutes (1995). See Turnberry Assoc. v. Service Station Aid, Inc., 651 So. 2d 1173 (Fla.1995).
We remand this cause with instructions for the trial court to determine the issue of entitlement to attorney’s fees.
REVERSED AND REMANDED.
DELL and SHAHOOD, JJ., and COLBATH, WALTER N., Jr., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cassedy v. Merrill Lynch, 751 So. 2d 143 (Fla. 1st DCA 2000)…arbitration panel’s denial of prevailing party attorney’s fees to appellee where parties had stipulated on record, during arbitration proceedings, that arbitrators would also determine issue of entitlement to attorney’s fees). Cf. Solomon v. Sirkus, 682 So. 2d 676, 676 (Fla. 4th DCA 1996) (reversing trial court’s denial of motion to vacate arbitration panel’s award of attorney’s fees because “[t]he record supports appellant’s argument that in the underlying arbitration proceedings the parties did not stipulat…
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Charbonneau v. Morse Operations, Inc., 727 So. 2d 1017 (Fla. 4th DCA 1999)…es of any kind shall be settled by arbitration. See id. Based on Turnberry, the court held that the parties’ actions did not constitute an express waiver of their right to have the court decide the issue of fees. See id.; see also Solomon v. Sirkus, 682 So. 2d 676 (Fla. 4th DCA 1996)(in the absence of a stipulation to confer jurisdiction upon the arbitrator to decide the attorney’s fee issue, the arbitrator exceeded [*1021] his scope of authority under section 682.11, Florida Statutes). Like appellees in D.H…
Authorities Cited
- Turnberry Assocs. v. Serv. Station AID, Inc., 651 So. 2d 1173 (Fla. 1995)