Raymond James & Associates, Inc. v. Smith

District Court of Appeal of Florida

Raymond James & Associates, Inc. v. Smith

632 So. 2d 715, 1994 Fla. App. LEXIS 1818, 19 Fla. L. Weekly Fed. D 502

District Court of Appeal of Florida·Decided March 4, 1994·No. No. 93-01311·Published

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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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.

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).

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Opinion

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