CHATFIELD DEAN & CO., INC., APPELLANT,
v.
DAVID B. KESLER AND THE OFFICES OF DAVID B. KESLER, P.A., APPELLEES

Fla. 2d DCA | 2002-03-15
No. 2D98-4819
WHATLEY, NORTHCUTT, and SALCINES, JJ., Concur.
818 So. 2d 572 Florida District Court of Appeal, Second District (2002) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

On remand from the Florida Supreme Court, the Second District Court of Appeal addresses whether a party to an arbitration proceeding can seek attorney's fees when the underlying award fails to indicate the basis for the award. The court holds that while such inadequate awards may be subject to correction under Moser II, any correction must comply with strict statutory time limits, and Kesler's failure to timely seek modification or clarification of the award bars the subsequent fee claim.


Holding

Although an arbitration award that inadequately indicates the basis for a party's prevailing is subject to correction under Moser II, such corrections must comply with statutorily mandated time constraints. A party must seek modification within 90 days under section 682.14 or clarification within 20 days under section 682.10. Kesler's failure to timely move for modification or clarification bars any subsequent claim for attorney's fees.


Headnotes

[1] Where a party asserts both common law claims and statutory claims in arbitration, and only statutory claims provide for attorney's fees, the arbitration award must specif…

[2] If an arbitration award fails to specify the basis for the award when attorney's fees are at issue, a circuit court may remand the matter to the arbitration panel for cla…

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Key Quotes

“to the extent that knowledge of the basis of an award is necessary for the subsequent determination of an entitlement to attorney's fees, an award without a basis is per se inadequate and subject to correction by the trial court.”

Establishes the principle that inadequate arbitration awards may be subject to correction, which forms the foundation for the court's analysis.

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Facts & Procedural History

Kesler received an arbitration award on March 6, 1996, that expressly denied attorney's fees and did not indicate whether Kesler had prevailed on a st…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This casé is before us on remand from the Supreme Court of Florida. Kesler v. Chatfield Dean & Co., 794 So. 2d 577 (Fla.2001) (Chatfield Dean II).

In this court’s earlier decision, we determined that Kesler was not entitled to att orney's fees arising out of an arbitration proceeding. Chatfield Dean & Co. v. Kesler, 749 So. 2d 542 (Fla. 2d DCA 2000) (Chatfield Dean I). We did so in reliance upon this court’s decision in Barron Chase Securities, Inc. v. Moser, 745 So. 2d 965 (Fla. 2d DCA 1999) (Moser I). The supreme court subsequently quashed the Moser I decision. Moser v. Barron Chase Sec., Inc., 783 So. 2d 231 (Fla.2001) (Moser II). In turn, the supreme court likewise quashed and remanded this court’s Chatfield Dean I decision “to the extent it is inconsistent with our ruling in Moser.” Chatfield Dean II, 794 So. 2d at 578.

In Moser II, the supreme court established that “to the extent that knowledge of the basis of an award is necessary for the subsequent determination of an entitlement to attorney’s fees, an award without a basis is per se inadequate and subject to correction by the trial court.” 783 So. 2d at 237. The supreme court, in Moser II, was not presented with an issue concerning the time limits for seeking such a correction as had been raised, but not ruled upon, in the present case. Chatfield Dean I, 749 So. 2d at 543 n. 1.

While Moser I and Chatfield Dean I were pending before the supreme court, this court rendered a decision addressing the propriety of a fee award in circumstances much like those of the present case, and found that it was time barred. NationsBanc Sec., Inc. v. Aron, 787 So. 2d 881 (Fla. 2d DCA 2001), review denied, 791 So. 2d 1094 (Fla.2001) (Table). In so doing, this court stated:

A party to an arbitration proceeding who wishes to enforce an award, but not exactly how it is written, may seek either modification or clarification from the panel. In the former instance, section 682.14 [Florida Statutes (1995) ] sets the time limit at ninety days. In the latter instance, section 682.10 [Florida Statutes (1995) ] sets it at twenty days after delivery of the award to the applicant.

Aron, 787 So. 2d at 883-84 (footnote omitted). Thus, while an arbitration award which does not adequately indicate the basis upon which a party prevailed is subject to correction under Moser II, 783 So. 2d 231, those corrections must comply with the statutorily mandated time constraints explained in Aron, 787 So. 2d 881.

In the present case, the record reveals that counsel for Kesler received the arbitration award on March 6, 1996, and petitioned for confirmation of the arbitration award and for attorney’s fees almost one year later, on March 3, 1997. The arbitration award submitted for confirmation contained a provision expressly denying attorney’s fees and otherwise did not indicate whether Kesler had prevailed upon a statutory theory which would have supported an attorney’s fee award. Thus, before the circuit court could have properly considered entitlement to attorney’s fees during the confirmation proceeding, the arbitration award itself required correction or clarification. Kesler made neither a timely motion to modify or correct the arbitration award pursuant to section 682.14, Florida Statutes (1995), nor a timely application to the circuit court to seek a clarification pursuant to section 682.10, Florida Statutes (1995). Because the arbitration award was not timely revised, Kesler could not thereafter seek attorney’s fees. See Aron, 787 So. 2d at 883. Accordingly, we reverse the portion of the final judgment awarding attorney’s fees.

Reversed and remanded for further proceedings consistent with this opinion.

WHATLEY, NORTHCUTT, and SALCINES, JJ., Concur.


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Citator

Cited By

  • Or. P'rs NO. 2, Ltd. v. Klauder & Nunno Enters., Inc., 837 So. 2d 1104 (Fla. 4th DCA 2003)
    …he parties stipu [*1106] lated to confirmation of the award without modification. Because the award fails to show that K & N prevailed on a theory which permitted an award of fees, the award of fees was in error. See Chatfield Dean & Co. v. Kesler, 818 So. 2d 572 (Fla. 2d DCA 2002); NationsBanc Sec., Inc. v. Aron, 787 So. 2d 881 (Fla. 2d DCA), review denied, 791 So. 2d 1094 (Fla.2001). This action is remanded to the trial court with directions to vacate the order awarding attorney’s fees and costs. SHAHOOD…
  • A-1 Duran Roofing, Inc. v. Select Contracting, Inc., 865 So. 2d 601 (Fla. 4th DCA 2004)
    …an award that fails to indicate the theory upon which the party prevailed is per se inadequate and subject to remand for correction, chapter 682 establishes pertinent time rules applicable when seeking correction. See Chatfield Dean & Co. v. Kesler, 818 So. 2d 572 (Fla. 2d DCA 2002). An arbitrator may modify, correct, or clarify an award on application made within twenty days after its delivery. See § 682.10, Fla. Stat. (2000). The award so modified, corrected, or clarified is subject to the statutory provisi…

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