Solomon v. Sirkus

District Court of Appeal of Florida

Solomon v. Sirkus

682 So. 2d 676, 1996 Fla. App. LEXIS 11645, 1996 WL 637671

CourtDistrict Court of Appeal of Florida

DecidedNovember 6, 1996

DocketNo. 96-0592

StatusPublished

Cited by2 cases

This text of 682 So. 2d 676 (Solomon v. Sirkus) 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.

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Solomon v. Sirkus, 682 So. 2d 676, 1996 Fla. App. LEXIS 11645, 1996 WL 637671 (Fla. Ct. App. 1996).

Pincite

Opinion

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.

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