Raymond James & Associates, Inc. v. Smith

632 So. 2d 715, 1994 Fla. App. LEXIS 1818, 19 Fla. L. Weekly Fed. D 502
CourtDistrict Court of Appeal of Florida
DecidedMarch 4, 1994
DocketNo. 93-01311
StatusPublished

This text of 632 So. 2d 715 (Raymond James & Associates, Inc. v. Smith) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Raymond James & Associates, Inc. v. Smith, 632 So. 2d 715, 1994 Fla. App. LEXIS 1818, 19 Fla. L. Weekly Fed. D 502 (Fla. Ct. App. 1994).

Opinion

FULMER, Judge.

The prevailing party in an arbitration proceeding appeals the trial court’s ruling that any award of attorney’s fees should be decided by the arbitrator, not the court.

This issue was addressed recently in Lee v. Smith, Barney, Harris Upham & Co., 626 So.2d 969 (Fla. 2d DCA 1993), in which this court held that the determination of attorney’s fees in arbitration was controlled by Florida law and, thus, should be made by the court, not the arbitrator.

Accordingly, this case is reversed and remanded to the trial court for consideration of the attorney’s fees issue.

DANAHY, A.C.J., and QUINCE, J., concur.

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Related

Lee v. Smith Barney, Harris Upham & Co.
626 So. 2d 969 (District Court of Appeal of Florida, 1993)

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Bluebook (online)
632 So. 2d 715, 1994 Fla. App. LEXIS 1818, 19 Fla. L. Weekly Fed. D 502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raymond-james-associates-inc-v-smith-fladistctapp-1994.