F.R. ALEMAN & ASSOCIATES, INC.
v.
EAC CONSULTING, INC.
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.
An arbitration panel did not exceed its powers in awarding attorney's fees when the parties expressly agreed to authorize the arbitrator to adjudicate the attorney's fees issue.
[1] An arbitration award of attorney's fees is permissible only if authorized by the parties' agreement to the arbitration proceeding.
[2] A court shall vacate an arbitration award if an arbitrator exceeded the arbitrator's powers.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceF.R. Aleman & Associates, Inc. and EAC Consulting, Inc. submitted their contractual dispute to arbitration. The arbitration panel awarded attorney's f…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Arbitrator'S Powers cases and more on FLexlaw
Third District Court of Appeal
State of Florida
Opinion filed April 5, 2023. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D22-1306 Lower Tribunal No. 21-12260
________________
F.R. Aleman & Associates, Inc.,
Appellant,
vs.
EAC Consulting, Inc.,
Appellee. An Appeal from the Circuit Court for Miami-Dade County, Vivianne Del Rio, Judge. Leto Law Firm and Matthew P. Leto and Charles P. Gourlis, for appellant. Lydecker LLP and D. Spencer Mallard and Meliz Martin and Tiran Alon, for appellee. Before EMAS, SCALES and HENDON, JJ. PER CURIAM.
Appellant F.R. Aleman & Associates, Inc. (“Aleman”) challenges that
portion of the trial court’s July 22, 2022 order (i) confirming an arbitration
panel’s award of attorney’s fees to appellee EAC Consulting, Inc., and (ii)
denying Aleman’s motion to vacate that portion of the arbitration award.1
Specifically, Aleman asserts (as it did below) that, while the parties agreed
to have the arbitration panel resolve their underlying contractual dispute,
they did not authorize the arbitration panel to determine entitlement to, and
amount of, attorney’s fees. § 682.11(2), Fla. Stat. (2021) (“An arbitrator may
award reasonable attorney fees and other reasonable expenses of
arbitration if such an award is authorized . . . by the agreement of the parties
to the arbitration proceeding.”); § 682.13(1)(d), Fla. Stat. (2021) (“Upon
motion of a party to an arbitration proceeding, the court shall vacate an
arbitration award if . . . [a]n arbitrator exceeded the arbitrator’s powers.”).
“In reviewing the trial court’s order, we review findings of fact for
competent substantial evidence and questions of law de novo.” Marr v.
Webb, 930 So. 2d 734, 737 (Fla. 3d DCA 2006). Because the record
contains competent, substantial evidence supporting the trial court’s
determination that the parties expressly agreed to have the arbitration panel
adjudicate the attorney’s fees issue, we affirm the trial court’s confirmation
of the arbitration panel’s fees award. § 682.11(2), Fla. Stat. (2021).
Affirmed.