CopyCited 36 times | Published | Florida 2nd District Court of Appeal | 2004 WL 221065
...s the award of attorney's fees. Lee v. Smith Barney, Harris Upham & Co.,
626 So.2d 969, 971 (Fla. 2d DCA 1993); see also Cassedy v. Merrill Lynch, Pierce, Fenner & Smith, Inc.,
751 So.2d 143, 146-47 (Fla. 1st DCA 2000). The Florida Arbitration Code, §
682.11, Fla....
...Attorney's *264 fees for time spent in arbitration are recoverable only in the circuit court on a motion for confirmation or enforcement of the award. Lee,
626 So.2d at 970; see also Moser v. Barron Chase Sec., Inc.,
783 So.2d 231, 232-233 (Fla.2001) (stating that section
682.11 "has been construed to vest jurisdiction for the award of attorney's fees in the circuit court")....
CopyCited 32 times | Published | Supreme Court of Florida | 1995 WL 81880
...In its entirety this section provides: Unless otherwise provided in the agreement or provision for arbitration, the arbitrators' and umpire's expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. *1175 § 682.11, Fla....
...(1993) (emphasis added). The Second District in Fewox v. McMerit Construction Co.,
556 So.2d 419 (Fla. 2d DCA 1989), approved sub nom. Insurance Co. of N. Am. v. Acousti Engineering Co.,
579 So.2d 77 (Fla. 1991), interpreted the "not including counsel fees" clause in section
682.11 to mean that "an arbitrator may not include attorney's fees in his award of expenses and fees incurred during arbitration proceedings." Id....
...1991), this Court, in a decision which embraced three consolidated cases and involved a dispute as to the entitlement to fees incurred in arbitration, adopted the en banc opinion of the Second District in Fewox. In that decision, we were asked whether "section 682.11, Florida Statutes (1987), prohibit[s] an award of attorney's fees incurred during arbitration proceedings, or does it merely prohibit the arbitrator from making such an award?" Id. at 79. We agreed with the Fewox Court that section 682.11 "does not proscribe the award of attorney's fees incurred during arbitration but rather merely prohibits arbitrators from awarding such fees." Id....
...In recent years, we have consistently taken the view that "arbitration is a favored means of dispute resolution and courts [should] indulge every reasonable presumption to uphold proceedings resulting in an award." Roe v. Amica Mut. Ins. Co.,
533 So.2d 279, 281 (Fla. 1988). We now agree with the construction given to section
682.11 by the Fourth District Court in Pierce, and hold that the parties by agreement may waive their entitlement to have the circuit court decide the issue of attorney's fees and by doing so may confer subject matter jurisdiction upon an arbitrator to award attorney's fees. As the Fourth District points out, "Under the current policy of broad construction in favor of arbitration, such a narrow and restrictive reading [of section
682.11] is certainly questionable." Pierce,
603 So.2d at 629....
...Arbitration itself, of course, is a voluntary alternative method for the resolution of disputes. Absent a clear directive from the legislature, we see no reason why the parties may not also voluntarily agree to allow the collateral issue of attorney's fees to be decided in the same forum as the main dispute. We do not read section 682.11 as such a clear directive....
...[1] Notwithstanding our ruling today, we will continue to permit trial courts, in the event a dispute arises, to enjoy exclusive jurisdiction to resolve the factual issue of whether the parties have waived their statutory right to have the court decide the fee issue. Under section 682.11, as previously construed by this Court, the parties continue to have the right to have the issue of attorney's fees decided in court if they wish....
CopyCited 30 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 195, 2001 Fla. LEXIS 628, 2001 WL 326778
...RELEVANT STATUTORY PROVISIONS Florida statutory and case law authorize and endorse the resolution of disputes through arbitration. However, there has been substantial confusion as to the procedure and appropriate forum for recovering attorney's fees incident to arbitration proceedings. Section 682.11, Florida Statutes (1997), provides: "Unless otherwise provided in the agreement or provision for arbitration, the arbitrators' and umpire's expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid...
CopyCited 27 times | Published | Florida 2nd District Court of Appeal | 1989 WL 147957
...ormance bond. Appellees, however, argue from their reading of Glen Johnson that Florida's Arbitration Code, chapter 682, Florida Statutes, prohibits an award of attorney's fees for services rendered by the attorney during arbitration. *421 They cite section
682.11, Florida Statutes (1987), which states: Unless otherwise provided in the agreement or provision for arbitration, the arbitrator's and umpire's expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. (Emphasis supplied.) Appellees also contend that, even if section
682.11 does not prohibit an award of attorney's fees in this case, there was not a judicial "rendition of judgment or decree," or its equivalent, which is a prerequisite under section
627.428(1) to an award of fees....
..." appellees argue that in this case McCarthy, and not FIC, voluntarily paid the arbitrator's award and that FIC's motion to interplead the funds does not amount to a voluntary payment by FIC. Thus, three issues are presented for our review: (1) Does section
682.11 prohibit an award of attorney's fees for services rendered by the attorney during arbitration proceedings? (2) Do sections
627.428 and
627.756 authorize an award of attorney's fees against the surety insurer for services rendered by th...
...s award, and FIC's motion to interplead the funds, tantamount to a voluntary payment by FIC, which would be the equivalent of "the rendition of a judgment or decree," entitling appellants to an award of attorney's fees under section
627.428? 1. Does Section
682.11 Prohibit Arbitration Attorney's Fees? In Glen Johnson, a subcontractor on a construction job (Howdeshell) sued the general contractor (Glen Johnson) and the surety on the subcontract and the contractor's bond....
...itration proceedings. On appeal, this court affirmed the judgment but reversed the award of attorney's fees for services rendered by the attorney during arbitration. We stated, "[a]ttorney's fees for arbitration proceedings are expressly excluded by section
682.11, Florida Statutes (1985)." Subsequent to Glen Johnson, we held in Sample, a case involving uninsured motorist coverage, that the insureds could not recover their attorney's fees for hours the attorney spent in arbitration because of the prohibition against such fees in section
682.11, citing Glen Johnson and Beach Resorts International v. Clarmac Marine Construction,
339 So.2d 689 (Fla. 2d DCA 1976). Upon a close examination of section
682.11 and the relevant case law, we conclude that Glen Johnson and Sample were wrongly decided insofar as they hold that the statute prohibits an award of attorney's fees for services rendered by the attorney during arbitration proceedings. The "not including counsel fees" clause in section
682.11 merely indicates that an arbitrator may not include attorney's fees in his award of expenses and fees incurred during arbitration proceedings....
...on application for confirmation of the [arbitrator's] award." Loxahatchee River Environmental Control District at 113. Upon examining Glen Johnson and Sample, we are of the opinion that our erroneous conclusion in those cases regarding the effect of section 682.11 may very well have stemmed from our misinterpretation of our previous decision in Beach Resorts International, although Glen Johnson did not cite Beach Resorts International. Other courts have also misconstrued Beach Resorts International to hold that section 682.11 prohibits an award of attorney's fees for services rendered during arbitration....
...); Consolidated Labor Union Trust v. Clark,
498 So.2d 547 (Fla. 3d DCA 1986) (in which the Third District Court of Appeal reaches a contrary conclusion to that reached in its previous opinions in Cuevas and Heyman ). Beach Resorts International, however, merely holds that section
682.11 prohibits an arbitrator from awarding attorney's fees associated with arbitration and that such fees are awardable by the trial court if there is statutory authority or contractual agreement between the parties therefor....
...a surety insurer was settled through arbitration, could be awarded attorney's fees pursuant to sections
627.428 and
627.756, even though the arbitration award had been paid in full). There are other cases which also reach the conclusion that, while section
682.11 prohibits the arbitrator from awarding attorney's fees, the trial court may do so if authorized by contract or statute....
...w we express herein. See Cuevas; Heyman; McDaniel; Oakdale Park Ltd. Therefore, we recede from our holdings in Glen Johnson and Sample and certify the following question as involving inter-district conflict and being of great public importance: DOES SECTION 682.11, FLORIDA STATUTES (1987), PROHIBIT AN AWARD OF ATTORNEY'S FEES INCURRED DURING ARBITRATION PROCEEDINGS, OR DOES IT MERELY PROHIBIT THE ARBITRATOR FROM MAKING SUCH AN AWARD? 2....
...that "[a] claim under §
627.428(1) is of course not to be confused with a claim for attorney's fees by an insured for services rendered in the conduct of arbitration since such fees (absent an agreement to the contrary) are not recoverable," citing section
682.11. Id. at 626. Thus, although this question is closely related to our previous one concerning section
682.11, we certify the following question as involving inter-district conflict and being of great public importance: DO THE ATTORNEY'S FEES RECOVERABLE UNDER SECTION
627.428 INCLUDE THOSE INCURRED DURING ARBITRATION PROCEEDINGS? 3....
...ere entitled to recover attorney's fees against the insurer under sections
627.428 and
627.756 and Fitzgerald & Co. CONCLUSION In summary, we hold that sections
627.428 and
627.756 authorize an award of attorney's fees to appellants, notwithstanding section
682.11, which merely prohibits the arbitrator from making such an award....
CopyCited 25 times | Published | Florida 1st District Court of Appeal | 1989 WL 32657
...to the contract and section
92.231, Florida Statutes (1987). [9] TCC contends that these services were separate and distinct from the original architect's fees of $64,941.55 assessed against B & H in the arbitration award. B & H responds that under section
682.11 of the Florida Arbitration Code, the arbitration panel had the authority to consider costs in making its award, and it would be improper for this court to address that or any other issue which could have been decided by the arbitration panel, citing McDaniel v. Berhalter,
405 So.2d 1027 (Fla. 4th DCA 1981). Under section
682.11, an arbitration panel is authorized to award all fees and costs, except attorney's fees....
CopyCited 22 times | Published | Florida 5th District Court of Appeal | 1990 Fla. App. LEXIS 119, 1990 WL 1219
...Buena Vista Construction Company v. Carpenters Local Union,
472 So.2d 1356 (Fla. 5th DCA 1985); Beach Resorts International v. Clarmac Marine Construction Co.,
339 So.2d 689 (Fla.2d DCA 1976). The Florida Arbitration Code does not authorize attorney's fees. §
682.11, Fla....
CopyCited 19 times | Published | Supreme Court of Florida
...ion award. In both of those cases, the Second District Court of Appeal reversed the trial court, holding that "sections
627.428 and
627.756, Florida Statutes (1987), authorize an award of attorney's fees [incurred during arbitration] notwithstanding section
682.11, [2] which merely prohibits arbitrators from making such an award." Park Shore,
556 So.2d at 440. The Second District certified its decision in Fewox as in conflict with the decisions of various district courts of appeal.
556 So.2d at 423. See, e.g., Cuevas v. Potamkin Dodge, Inc.,
455 So.2d 398 (Fla. 3d DCA 1984) (stating that section
682.11 prohibits an award of attorney's fees for services rendered during arbitration); Buena Vista Constr....
...1st DCA 1988) (in accord with decisions under review); Fitzgerald & Co. v. Roberts Elec. Contractors, Inc.,
533 So.2d 789 (Fla. 1st DCA 1988) (also in accord). The district court went on to certify the following questions as being of great public importance: [3] DOES SECTION
682.11, FLORIDA STATUTES (1987), PROHIBIT AN AWARD OF ATTORNEY'S FEES INCURRED DURING ARBITRATION PROCEEDINGS, OR DOES IT MERELY PROHIBIT THE ARBITRATOR FROM MAKING SUCH AN AWARD? DO THE ATTORNEY'S FEES RECOVERABLE UNDER SECTION
627.428 [AND...
...opt the thorough and well-reasoned en banc opinion of the Second *80 District in Fewox as our own. Therefore, consistent with that opinion, we answer the second question certified in the affirmative. As to the first question certified, we agree that section 682.11 does not proscribe the award of attorney's fees incurred during arbitration but rather merely prohibits arbitrators from awarding such fees....
...nder the laws of this state to indemnify against pecuniary loss by breach of a building or construction contract. Owners, subcontractors, laborers, and materialmen shall be deemed to be insureds or beneficiaries for the purposes of this section. [2] Section 682.11, Florida Statutes (1987), provides: Fees and expenses of arbitration....
CopyCited 18 times | Published | Florida 2nd District Court of Appeal | 1976 Fla. App. LEXIS 15647
...2d DCA 1966); *691 Hartford Accident and Indemnity Co. v. Holton,
190 So.2d 801 (Fla. 1st DCA 1966). In Tassinari we recognized that no statutory authority exists allowing attorney fees in arbitration proceedings. The relevant portion of the Arbitration Code, Section
682.11, Florida Statutes (1975) specifically provides, "Unless otherwise provided in the agreement or provision for arbitration, the arbitrators' and umpire's expenses and fees, together with other expenses, not including counsel fees, incurr...
...pplication for confirmation of the arbitrator's award pursuant to §
682.12, Fla. Stat. (1975). However, that portion of the motion seeking attorneys' fees cannot be considered an application for confirmation since attorney fees are not recoverable. §
682.11, Fla....
CopyCited 17 times | Published | Florida 4th District Court of Appeal
...The Florida Arbitration Code provides: Unless otherwise provided in the agreement or provision for arbitration, the arbitrators' and umpire's expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. Section 682.11, Florida Statutes (1979) (emphasis added)....
CopyCited 16 times | Published | Florida 4th District Court of Appeal
...under a policy or contract executed by the insurer, ... ." A claim under §
627.428(1) is of course not to be confused with a claim for attorney's fees by an insured for services rendered in the conduct of arbitration since such fees (absent an agreement to the contrary) are not recoverable. §
682.11, F.S....
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit | 18 Fed. R. Serv. 3d 1199, 13 Employee Benefits Cas. (BNA) 1428, 1991 U.S. App. LEXIS 822
...n. Appellants contend that Florida law governs because the Administrator Agreement invoked Florida law for all questions pertaining to the Agreement's validity, construction, and administration. Administrator Agreement Sec. 8.2, R1-1 Exhibit B at 4. Section 682.11 of the Florida Statutes disallows the assessment of attorney fees in arbitration proceedings absent an explicit provision in the arbitration clause....
...are jointly and severally liable for all amounts except for the $3,280.90 in costs. On the issue of the amount of attorney fees, we VACATE and REMAND for further findings of fact. 17 AFFIRMED in part, VACATED in part, and REMANDED. 1 Fla.Stat. Sec. 682.11 (1990) provides: "Unless otherwise provided in the agreement or provision for arbitration, the arbitrators' and umpire's expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award." 2 29 U.S.C....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 1445, 1988 Fla. App. LEXIS 2659, 1988 WL 62147
...Meade,
404 So.2d 1141 (Fla. 5th DCA 1981), approved on other grounds,
423 So.2d 908 (Fla. 1982), USAA contends that the $1800.00 arbitrators' fees should not have been awarded by the trial court as taxable costs. In Meade, the court considered in the light of section
682.11, Florida Statutes, [1] a similar policy provision requiring each party to pay the expenses it incurred, and to bear the expenses of the third arbitrator equally....
...est). Interest should not be allowed on a sum that is itself interest. 32 Fla.Jur.2d, Interest and Usury, § 14. AFFIRMED in part, REVERSED in part, and REMANDED for proceedings consistent with this opinion. BOOTH and NIMMONS, JJ., concur. NOTES [1] Section 682.11, Fla....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 687, 2000 WL 62963
...Cassedy subsequently filed a motion to confirm the arbitration award in the Circuit Court for Leon County. Merrill Lynch then filed a motion to vacate the arbitration award in the circuit court, arguing, among other things, that an award of attorney's fees for arbitration is a matter for judicial determination under section 682.11, Florida Statutes, unless waived. Section 682.11, Florida Statutes (1993), is part of the Florida Arbitration Code and provides that "[u]nless otherwise provided in the agreement or provision for arbitration, the arbitrators' and umpire's expenses and fees, together with other expens...
...tion
448.08 did not apply to arbitration and, as set forth in the brief to this court, "consistently took the position that the issue of attorney *146 fees was not properly before the arbitration panel and specifically cited to the arbitration panel §
682.11, Fla....
..., and further the Plaintiff specifically objected, on the record, as to the issue of attorney's fees.... The court therefore concluded that Merrill Lynch did not expressly waive its right to have the attorney's fee issue decided in court pursuant to section 682.11 and, thus, the arbitration panel had no authority to consider that issue....
...Accordingly, the court set aside the panel's award of attorney's fees and directed that the issue of entitlement to and amount of attorney's fees be determined by the circuit court. Cassedy has appealed the order on attorney's fees and raises two points. First, Cassedy argues that the Federal Arbitration Act (FAA) preempts section 682.11. Second, Cassedy argues that the circuit court erred in finding no express waiver occurred regarding the right to have a court determine the attorney's fee issue under section 682.11. We disagree with the first point, but reverse on the second point. PREEMPTION OF SECTION 682.11 Another district court of appeal has rejected the preemption argument Cassedy raises as his first point....
...he Federal Arbitration Act" and noting that the Florida Arbitration Code "applies in such cases only to the extent that it is not in conflict with federal law"). In Lee, the Second District considered and rejected the argument that the FAA preempted section 682.11, Florida Statutes....
...agreed to submit the fee issue to arbitration: The Florida Legislature has expressly provided that attorney's fees for time spent in arbitration are recoverable but only in the trial court upon a motion for confirmation or enforcement of the award. § 682.11, Fla....
...e thrust of his argument was that Turnberry controlled and, under Turnberry, an express waiver occurred. Accordingly, because Cassedy has not demonstrated any conflict between the state and federal codes, we reject his argument that the FAA preempts section 682.11....
...xpressly waived their right to have a court decide the issue of attorney's fees. In Turnberry, the Florida Supreme Court held that "parties by agreement may waive their entitlement to have the circuit court decide the issue of attorney's fees [under section
682.11] and by doing so may confer subject matter jurisdiction upon an arbitrator to award attorney's fees."
651 So.2d at 1175....
...The court explained that "trial courts, in the event a dispute arises, [continue] to enjoy exclusive jurisdiction to resolve the factual issue of whether the parties have waived their statutory right *148 to have the court decide the fee issue." Id. Further, under section 682.11, "the parties continue to have the right to have the issue of attorney's fees decided in court if they wish" and "[t]he arbitrator has no authority to award fees absent an express waiver of this statutory right." Id....
...Blair seems to require that the parties prepare a separate written agreement explicitly indicating they have waived their right to have a circuit court determine attorney's fees. We do not believe Turnberry requires this. We also do not believe that section 682.11 requires this....
...We note again that Merrill *149 Lynch affirmatively sought an award of fees in conjunction with the arbitration. In Turnberry, as explained above, the supreme court indicated that "the parties by agreement may waive their right to have the circuit court decide the issue of attorney's fees" pursuant to section 682.11....
...late to confer jurisdiction upon the arbitrators to decide the attorney's fee issue"). Further, Merrill Lynch did not assert before the arbitration panel that it would insist on its right to have a circuit court decide the attorney's fee claim under section 682.11....
...cuit judge, contrary to the spirit of Turnberry. We also question the assumption that trial courts sit in a better position than arbitrators to decide entitlement to attorney's fees. See, e.g., Lee,
626 So.2d at 970 ("In conformity with the statute [section
682.11], our court's long-established policy has been to exclude the resolution of attorney's fee demands from the arbitrators' authority; Florida defers instead to the expertise of trial judges."); Fewox v....
...es, that are routinely offered and purchased in the economy. Indeed, the Florida Supreme Court seems to share our view as it has provided that parties may agree to waive their right to have the circuit court decide the issue of attorney's fees under section 682.11....
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 1992 WL 183985
...
371 So.2d at 112. This court's view of the controlling law at that time was: In this case Section
682.02, Florida Statutes (1975), provides for the submission of any controversy to arbitration; but that broad grant of authority is subsequently limited by Section
682.11, wherein the arbitrators are expressly authorized (unless the agreement provides otherwise) to determine the arbitrators' and umpires' fees and expenses, "together with other expenses; not including counsel fees....
...es is quite logical. That the Legislature chose to exclude this question from the arbitrator's determination is a credit to its wisdom.
189 So.2d at 653. The text of the statutory provision there, as here, has not been changed, so we turn to it. FAC section
682.11 provides:
682.11 Fees and expenses of arbitration....
...To hold otherwise is, at least without clear textual support, to add by judicial construction a new provision to a statute that is at war with its general purpose and contravenes the words already used by the legislature. Hence, appropriately read, FAC section 682.11 precludes the arbitrators from awarding fees, but not when the parties have specifically agreed to submit the fee issue to arbitration....
...awarded under section
627.428 for the arbitration. The supreme court adopted the Second District's en banc decision in Fewox v. McMerit Construction Co.,
556 So.2d 419 (Fla. 2d DCA 1989), as its own. Fewox, in turn, decides only that nothing in FAC section
682.11 precludes awards of fees under section
627.428 for the arbitration proceeding, that section
627.428 encompasses arbitration, and that section
627.428's requirement of a judgment or decree is satisfied when the losing carrier pays the award....
...ally, whereby the losing party always pays the legal fees of the prevailing party, but we retain the English rule as to arbitration of prevailing party attorney's fee awards. [3] One might be tempted to observe that the construction we placed on FAC section 682.11 in 1978 has been around for 14 years and that, if we misread it, the legislature has not seen fit to alter the text of the statute....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 17 I.E.R. Cas. (BNA) 1402, 2001 Fla. App. LEXIS 9761, 86 Fair Empl. Prac. Cas. (BNA) 513, 2001 WL 804065
...Otherwise, it stated that the arbitration would conform to "the procedures of the Florida Arbitration Code sections
682.01-.22." Those procedures permit the arbitrator to charge arbitration fees and expenses to one party or the other, "[u]nless otherwise provided in the agreement or provision for arbitration[.]" §
682.11, Fla....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1997 WL 407811
...law to award fees. [1] In Turnberry Associates v. Service Station Aid, Inc.,
651 So.2d 1173 (Fla.1995), the supreme court held that an arbitrator has no authority to award attorney's fees absent an express *914 waiver of the limitation contained in section
682.11, Florida Statutes (1993). The court stated: As the Fourth District points out, "Under the current policy of broad construction in favor of arbitration, such a narrow and restrictive reading [of section
682.11] is certainly questionable." Arbitration itself, of course, is a voluntary alternative method for the resolution of disputes. Absent a clear directive from the legislature, we see no reason why the parties may not also voluntarily agree to allow the collateral issue of attorney's fee to be decided in the same forum as the main dispute. We do not read section
682.11 as such a clear directive....
...ruling today, we will continue to permit trial courts, in the event a dispute arises, to enjoy exclusive jurisdiction to resolve the factual issue of whether the parties have waived their statutory right to have the court decide the fee issue. Under section 682.11, as previously construed by this Court, the parties continue to have the right to have the issue of attorney's fees decided in court if they wish....
...epper, upon a determination of appellees' entitlement to such fees. We remand this cause to the trial court for further proceedings consistent herewith. AFFIRMED IN PART; REVERSED IN PART and REMANDED. STONE, C.J., and SHAHOOD, J., concur. NOTES [1] Section 682.11, Florida Statutes (1993) provides: Unless otherwise provided in the agreement or provision for arbitration, the arbitrators' and umpires' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1999 WL 72238
...In finding that the arbitrator in this case exceeded his authority by denying appellant's claim for attorney's fees, we note that it is well settled that an arbitrator has no authority to award attorney's fees absent an express waiver of the limitation contained in section 682.11, Florida Statutes....
..."Unless otherwise provided in the agreement or provision for arbitration, the arbitrators' and umpire's expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award." See § 682.11, Fla....
...The Turnberry court went on to hold that: Notwithstanding our ruling today, we will continue to permit trial courts, in the event a dispute arises, to enjoy exclusive jurisdiction to resolve the factual issue of whether the parties have waived their statutory right to have the court decide the fee issue. Under section 682.11, as previously construed by this Court, the parties continue to have the right to have the issue of attorney's fees decided in court if they wish....
...of fees. See id.; see also Solomon v. Sirkus,
682 So.2d 676 (Fla. 4th DCA 1996)(in the absence of a stipulation to confer jurisdiction upon the arbitrator to decide the attorney's fee issue, the arbitrator exceeded *1021 his scope of authority under section
682.11, Florida Statutes)....
...At the hearing before the trial court on her motion to correct or modify the arbitration award, appellant argued that there was no stipulation to allow the issue of entitlement to go the arbitrator, and that appellee, in its trial brief filed after the arbitration, admitted that there was no stipulation. Relying upon section 682.11 and Turnberry, appellant argued that entitlement to attorney's fees must be determined by the trial court and not by the arbitrator unless there is a specific stipulation to the contrary....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1988 WL 115379
...ing a rehearing under section
682.13(3) before the arbitrators who made the award or their successors, with the instruction that they must hear appellee's evidence on the cost issue and make a determination on its claim for costs. *742 ATTORNEY FEES Section
682.11 provides: "Unless otherwise provided in the agreement or provision for arbitration, the arbitrators' and umpire's expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration,...
...Roberts Electrical Contractors, Inc.,
533 So.2d 789 (Fla. 1st DCA 1988), that an attorney fee under these statutes is not barred merely because the amount due the "insured" was established pursuant to arbitration rather than through a judicial determination. We accept appellee's interpretation of section
682.11 as the more logical and as consistent with our opinion in Fitzgerald....
CopyCited 9 times | Published | District Court, M.D. Florida | 1993 WL 51742
...In this circuit, if an arbitration clause in a contract is ambiguous, but can be read to include an award of attorneys fees, a court will not vacate the award. Ierna v. Arthur Murray Int'l, Inc.,
833 F.2d 1472, 1476-77 (11th Cir.1987). Florida Statutes, Section
682.11 provides that parties must pay the fees and expenses of arbitration, not including counsel fees, according to the arbitrators' award unless the parties otherwise provide in their contract....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2000 WL 868232
...n in the manner and to the same extent as from orders or judgments in a civil action." Further, it is apparent that when devising Florida's Arbitration Code the legislature, too, viewed attorney's fee issues as collateral to the main disputes. Thus, section 682.11 provides that, unless otherwise agreed, the arbitrators' expenses and fees "together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award." (Emphasis suppli...
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1982 Fla. App. LEXIS 20852
...The insurance company appeals the cost award, contending that a provision of the insurance policy arbitration clause that "each party will pay the expenses it incurs, and bear the expenses of the third arbitrator equally" amounts to the arbitration agreement's "providing otherwise" within the meaning of section 682.11, Florida Statutes (1982): Unless otherwise provided in the agreement or provision for arbitration, the arbitrators' and umpires' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1997 WL 770686
...correct an award rendered *624 thereunder for such cause and in the manner provided in this law." In Pierce v. J.W. Charles-Bush Securities, Inc.,
603 So.2d 625 (Fla. 4th DCA 1992), we held that a statute comparable to FPA section 620.715(1), namely section
682.11 pertaining to attorney's fees, did not operate to compel judicial resolution of attorney's fee claims that had been subject to an arbitration agreement....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 15784, 2005 WL 2439228
...eal. See §
681.1095(13), Fla. Stat. In Charbonneau v. Morse Operations, Inc., this court stated: "[W]e note that it is well settled that an arbitrator has no authority to award attorney's fees absent an express waiver of the limitation contained in section
682.11."
727 So.2d 1017, 1020 (Fla....
...The statute reads, in relevant part, "Unless otherwise provided in the agreement or provision for arbitration, the arbitrators' and umpire's expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award." § 682.11, Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2005 Fla. App. LEXIS 17204, 2005 WL 2862141
...As to the costs judgment, Turbomeca asserts that trial court erred as a matter of law in awarding arbitration costs to French Aircraft where neither the parties' stipulation nor the arbitration award provided for a costs award. We agree. Pursuant to section 682.11, Florida Statutes (2002), the trial court was not authorized to award costs....
CopyCited 6 times | Published | District Court, M.D. Florida | 1993 U.S. Dist. LEXIS 17236, 1993 WL 505408
...Limited exceptions to the American Rule, such as a willful violation of a court order, or a bad faith filing, have developed. United Steelworkers of American v. USX Corp.,
966 F.2d 1394 (11th Cir.1992); Fleischmann Distilling Corp. v. Maier Brewing Co.,
386 U.S. 714,
87 S.Ct. 1404,
18 L.Ed.2d 475 (1967). Florida Statute, Section
682.11 grants arbitrators the authority to make allocations of fees and costs, but not attorney's fees, incurred during arbitration. [1] Fla.Stat. §
682.11 (1990). The amount of attorney's fees must be determined by the trial court and not the arbitrators. The Florida Supreme Court in Insurance Company of North America v. Acousti Engineering Co. of Florida,
579 So.2d 77 (Fla.1991), held that Section
682.11 precluded arbitrators from awarding attorney's fees, but not trial courts, provided there existed a contract or statute upon which the trial court could base the award....
...e DENIED, and the Clerk of the Court be DIRECTED to enter judgment for Defendants and against Plaintiff; it is further ORDERED that Plaintiff's Motion for Clarification and/or to Amend Judgment is DENIED. DONE and ORDERED. NOTES [1] Florida Statute, Section 682.11 states: Unless otherwise provided in the agreement or provision for arbitration, the arbitrator's and umpire's expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 2461
...on *549 1132(g)(1). We find these cases to be distinguishable and entirely inapposite. Beach Resorts International v. Clarmac Marine Construction Co.,
339 So.2d 689 (Fla. 2d DCA 1976), is of little comfort to the Trust. The Florida Arbitration Code, Section
682.11, Florida Statutes, has never provided for indeed, has expressly excluded the recovery of attorney's fees....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit | 1995 U.S. App. LEXIS 20219, 1995 WL 415538
...Davis explains that he did not seek an award of attorneys' fees in his claim because, at the time of the arbitration, Florida law provided that awards of attorneys' fees could be made only by trial courts in post-award confirmation proceedings. Fla.Stat.Ann. § 682.11 (West 1990); Loxahatchee River Environmental Control District v....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1999 WL 510632
...Florida's arbitration code provides that: Unless otherwise provided in the agreement or provision for arbitration, the arbitrators' and umpire's expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. (emphasis provided). § 682.11, Fla....
...Frank Nussbaum, Arbitration and Attorney Fees Issues: An Attorney's and Arbitrator's Viewpoint, 72 Fla. B.J. 70, at 75 (1998) (footnote omitted); see also Hala A. Sandridge, Recovering Attorney Fees Incurred in Arbitration: The Unworkable Two-Tiered System, 63 Fla. B.J. 80 (1994). As Sandridge suggests, perhaps section 682.11 should be revised to allow arbitrators to decide entitlement to and the amount of arbitration attorney's fees, thereby eliminating the need for a bifurcated process....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...The situation is the same as if there had been no adjudication." For the foregoing reasons, I think the circuit court was correct in reversing the small claims court in this case, and I therefore dissent. NOTES [1] F.S. §
682.10, F.S.A. [2] F.S. §
682.14, F.S.A. [3] F.S. §
682.11, F.S.A....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1993 WL 383537
...The Lees assert that the Federal Arbitration Act (FAA) grants authority to arbitrators to determine entitlement to attorney fees and that the FAA's provisions supersede or preempt the provisions of the Florida Arbitration Code, which removes attorney's fee questions from the range of arbitrable issues. See § 682.11, Fla....
...New York Stock Exchange,
373 U.S. 341,
83 S.Ct. 1246,
10 L.Ed.2d 389 (1963)). The Florida Legislature has expressly provided that attorney's fees for time spent in arbitration are recoverable but only in the trial court upon a motion for confirmation or enforcement of the award. §
682.11, Fla....
...We have not overlooked our state's prominent regard for arbitration as a favored means of dispute resolution, see Roe v. Amica Mutual Insurance Company,
533 So.2d 279, 281 (Fla. 1988), but we have found scant authority inconsistent with the construction that section
682.11 precludes arbitrators from awarding fees....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1999 Fla. App. LEXIS 6280, 1999 WL 299729
...COBB and GOSHORN, JJ., concur. NOTES [1] Chapter 517, Florida Statutes. [2] The trial court correctly found that the arbitration panel lacked authority to award Durham attorney's fees. See Turnberry Assoc. v. Service Station Aid, Inc.,
651 So.2d 1173 (Fla. 1995) (section
682.11, Florida Statutes, prohibits arbitrators from including attorney's fees in award of expenses and fees incurred during arbitration proceedings unless parties expressly waive right to trial court determination of entitlement to and amount of fees); Dean Witter Reynolds, Inc....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1997 WL 294560
...their right to have the circuit court decide the attorney's fees issue by agreeing to submit and by submitting the attorney's fees issue to the arbitrator. GCA argues that the parties have a statutory right, pursuant to the Florida Arbitration Code, section 682.11, Florida Statutes (1993), to have the circuit court decide the attorney's fees issue unless the parties agree or stipulate to expressly waive their statutory right and confer jurisdiction upon the arbitrator to award the fees. Further, GCA contends that there was not sufficient substantial, competent evidence to support the lower court's finding that there was such an agreement expressly waiving the parties' statutory right. We agree. Section 682.11 reads as follows: Fees and expenses of arbitration....
...s fees and assess the agreed fee." Subsequently, in Turnberry Associates v. Service Station Aid, Inc.,
651 So.2d 1173 (Fla.1995), approving
629 So.2d 204 (Fla. 3d DCA 1993), the Florida Supreme Court agreed with the Fourth District's construction of section
682.11 in Pierce and concluded that "[u]nder section
682.11, ......
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 5540, 1996 WL 283695
...e of the arbitration award. In Turnberry Associates v. Service Station Aid, Inc.,
651 So.2d 1173 (Fla.1995), the supreme court held that parties may agree to waive their entitlement to have the circuit court decide the issue of attorney's fees under s.
682.11, and by so doing they confer jurisdiction upon the arbitrator....
...ine the attorney fee award and there is no express waiver as contemplated in Turnberry. In fact, the record reveals quite the opposite. At arbitration, the parties espoused positions contrary to those they took before the circuit court. Hence, under section 682.11, the trial judge had the authority to determine the attorney's fees issue....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...ithout authority to vacate, modify, or correct the award except pursuant to Sections
682.13 and
682.14, Florida Statutes (1979) requiring a showing that it was procured by undue means or mistake. No such irregularity was alleged or proved. Moreover, Section
682.11, Florida Statutes (1979) governing fees and expenses of arbitration, specifically excludes counsel fees as recoverable costs....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1992 Fla. App. LEXIS 2500, 1992 WL 45700
...We recognize that this rationale does not apply to the instant case because the subject matter of the arbitration proceedings was the determination of reasonable attorney's fees and the three attorneys apparently had some degree of expertise in this area. We, however, believe that the language of section 682.11, Florida Statutes (1989) and this court's holding in Fewox regarding the limited subject matter jurisdiction of the arbitration prevent us from carving out an exception for this factual situation, even though such an exception here would appear reasonable....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1988 WL 3301
...The court after a hearing awarded appellee $9,717.50 in attorney's fees. We agree with appellants' contention that the trial court improperly included attorney's fees for the arbitration proceeding in his award of fees against appellants. Attorney's fees for arbitration proceedings are expressly excluded by section 682.11, Florida Statutes (1985)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2004 WL 86312
...arbitration proceedings," Moser v. Barron Chase Sec., Inc.,
783 So.2d 231, 233 (Fla.2001), and that the law in this area has followed a "tortuous path." Terrell v. AmSouth Inv. Servs., Inc.,
217 F.Supp.2d 1233, 1237 (M.D.Fla.2002). Florida Statutes section
682.11 provides: Unless otherwise provided in the agreement or provision for arbitration, the arbitrators' and umpire's expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. §
682.11, Fla....
...The Florida Supreme Court has reasoned that since arbitration is a voluntary alternative method for the resolution of disputes, which is strongly favored, there is no reason why the parties may not also voluntarily agree to waive the statutory limitation set forth in section 682.11 and *604 allow the collateral issue of attorney's fees to be decided in the same forum as the main dispute....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...no statutory authorization for attorney fees in arbitration proceedings. The only way that they might be recovered would be by agreement of the parties. Hence, the purpose for including this phrase `not including counsel fees [in Section 57.20, now Section
682.11, Florida Statutes (1975)] is to modify and explain `expenses,' the word immediately preceding the subject phrase, so as to be certain that counsel fees (when awardable) remain outside of the perimeter of the arbitrator's view."
189 So.2d at 653....
...he parties agreed to the submission to arbitration, it was ineffective. In this case Section
682.02, Florida Statutes (1975), provides for the submission of any controversy to arbitration; but that broad grant of authority is subsequently limited by Section
682.11, wherein the arbitrators are expressly authorized (unless the agreement provides otherwise) to determine the arbitrators' and umpires' fees and expenses, "together with other expenses; not including counsel fees ......
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 18610
...[4] Paragraph 5 of the arbitration agreement provides simply that "Haskell agrees to pay the damages arrived at by arbitration in the following manner: Demand Note". There is no mention of interest anywhere in the agreement, although the parties could have expressly so provided pursuant to § 682.11, Florida Statutes (1981), had they chosen to do so....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1981 Fla. App. LEXIS 21434
...se provided in the agreement or provision for arbitration, the arbitrators' and umpire's expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. § 682.11, Fla....
...1967); 5 Am.Jur.2d Arbitration and Award §§ 124, 147 (1962). [6] Midwest Mut. Ins. Co. v. Santiesteban,
287 So.2d 665 (Fla. 1973); Netherlands Ins. Co. v. Moore,
190 So.2d 191 (Fla. 1st DCA 1966). [7] See also Government Employees Ins. Co. v. Lang,
387 So.2d 976 (Fla. 2d DCA 1980). [8] §
682.11, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1988 WL 122460
...The Arbitration Code specifically provides that "[u]nless otherwise provided in the agreement or provision for arbitration, the arbitrators' and umpires' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award." § 682.11, Fla....
CopyCited 3 times | Published | District Court, M.D. Florida | 2001 U.S. Dist. LEXIS 16770, 2001 WL 1301705
...attorney's fees. Ruckelshaus v. Sierra Club,
463 U.S. 680, 683-84,
103 S.Ct. 3274, 3277,
77 L.Ed.2d 938 (1983). The Florida Supreme Court in Insurance Company of North America v. Acousti Engineering Co. of Florida,
579 So.2d 77 (Fla.1991), held that Section
682.11 precluded arbitrators from awarding attorney's fees, but not trial courts, provided there existed a contract or statute upon which the trial court could base the award....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21973371
...2d DCA 1995). Because Mr. Pettit had such an expectation, the trial court should have awarded him the $1000 fee for his testimony. The Rocks also contend that the trial court's failure to award them one-half of the arbitrator's fee was error. We disagree. *725 Section 682.11, Florida Statutes (2000), provides: Unless otherwise provided in the agreement or provision for arbitration, the arbitrators' and umpire's expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2006 WL 2612775
...issue of attorneys' fees determined by the Court was submitted to the arbitration panel by agreement and if not, that right was expressly waived by the parties, who submitted the issue to the arbitration panel." The supreme court has held that under section 682.11, Florida Statutes (2004), an arbitrator "has no authority to award [attorney's] fees absent an express waiver of [the] statutory right" to "have the issue of attorney's fees decided in court....
...The language I rely on from Turnberry is: Notwithstanding our ruling today, we will continue to permit trial courts, in the event a dispute arises, to enjoy exclusive jurisdiction to resolve the factual issue of whether the parties have waived their statutory right to have the court decide the fee issue. Under section 682.11, as previously construed by this Court, the parties continue to have the right to have the issue of attorney's fees decided in court if they wish....
CopyCited 2 times | Published | District Court, M.D. Florida | 1997 U.S. Dist. LEXIS 17400, 1997 WL 688802
...In support of this contention, Plaintiff cites D.H. Blair & Co., Inc. v. Johnson,
697 So.2d 912 (Fla. 4th DCA 1997), which established in similar circumstances that an arbitration panel has no authority to award attorneys' fees absent an express waiver of the limitation set forth in §
682.11, Florida Statutes....
...An award of attorneys' fees under §
448.104, Florida Statutes is a matter of discretion for the court. The statute specifically provides: A court may award reasonable attorney's fees, court costs, and expenses to the prevailing party. See §
448.104, Fla. Stat. In addition, §
682.11, Florida Statutes permits arbitrators to determine a parties entitlement to costs....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 19308, 2006 WL 3327079
...[3] Martin contends that the trial court erred in rejecting its argument based on excusable neglect. This issue is rendered moot by virtue of our resolution of the issue regarding the applicability and meaning of the provisions of rule 1.525. [4] See § 682.11, Fla....
...fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.") (emphasis added); Turnberry Assocs. v. Serv. Station Aid, Inc.,
651 So.2d 1173 (Fla.1995) (holding section
682.11, Florida Statutes, prohibits arbitrators from including attorneys' fees in an award of expenses and fees incurred during arbitration proceedings, unless parties expressly waive the right to the trial court's determination of entitlement to and amount of fees); A-1 Duran Roofing, Inc....
...Durham,
734 So.2d 487, 489 n. 2 (Fla. 5th DCA 1999); Charbonneau v. Morse Operations, Inc.,
727 So.2d 1017, 1020 (Fla. 4th DCA 1999) ("[I]t is well settled that an arbitrator has no authority to award attorney's fees absent an express waiver of the limitation contained in section
682.11, Florida Statutes."); Dean Witter Reynolds, Inc....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 18182, 2011 WL 5555691
...rida Rule of Civil Procedure 1.525. Martin Daytona responded that the civil procedure rule did not apply to arbitrations. The circuit court subsequently denied the motion for fees, and Martin Daytona appealed. The Fifth District concluded that under section 682.11, Florida Statutes (2005), arbitrators are prohibited from awarding attorneys’ fees unless the parties, in the arbitration agreement, expressly waive their right to have this issue decided by a court of law....
CopyCited 2 times | Published | District Court, M.D. Florida | 18 I.E.R. Cas. (BNA) 1578, 2002 U.S. Dist. LEXIS 14442, 2002 WL 1868135
...Without attempting to reconcile the applicable case law with regard to the issue of the NASD arbitrators' power to award attorney's fees in this particular case, the general rule appears to be that parties must explicitly waive the limitation set forth in section 682.11, Florida Statutes....
...[7] See also Cray v. NationsBank *1238 of N.C., N.A.,
982 F.Supp. 850, 855 (M.D.Fla.1997) (citing D.H. Blair for the proposition that an arbitration panel has no authority to award attorneys' fees absent an express waiver of the limitation set forth in §
682.11)....
...court decide the issue of attorney's fees." Turnberry,
651 So.2d at 1175. The Florida Supreme Court wrote that "[t]he arbitrator has no authority to award fees absent an express waiver of this statutory right." See Turnberry,
651 So.2d at 1175. [7] Section
682.11, titled "Fees and expenses of arbitration," provides as follows: Unless otherwise provided in the agreement or provision for arbitration, the arbitrators' and umpire's expenses and fees, together with other expenses, not including coun...
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1991 WL 285
...n. Appellants contend that Florida law governs because the Administrator Agreement invoked Florida law for all questions pertaining to the Agreement’s validity, construction, and administration. Administrator Agreement § 8.2, Rl-1 Exhibit B at 4. Section 682.11 of the Florida Statutes disallows the assessment of attorney fees in arbitration proceedings absent an explicit provision in the arbitration clause....
...Company, are jointly and severally liable for all amounts except for the $3,280.90 in costs. On the issue of the amount of attorney fees, we VACATE and REMAND for further findings of fact. AFFIRMED in part, VACATED in part, and REMANDED. . Fla.Stat. § 682.11 (1990) provides: "Unless otherwise provided in the agreement or provision for arbitration, the arbitrators' and umpire’s expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.” ....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1990 WL 1601
...2d DCA 1988). In Fewox v. McMerit Construction Co.,
556 So.2d 419 (Fla. 2d DCA 1989), this court receded from Glen Johnson and St. Paul. We held that sections
627.428 and
627.756, Florida Statutes (1987), authorize an award of attorney's fees notwithstanding section
682.11, which merely prohibits arbitrators from making such an award. Therefore, we reverse the trial court's orders and remand for further proceedings consistent with our opinion in Fewox. As in Fewox, we certify the following question as involving inter-district conflict and being of great public importance: DOES SECTION
682.11, FLORIDA STATUTES (1987), PROHIBIT AN AWARD OF ATTORNEY'S FEES INCURRED DURING ARBITRATION PROCEEDINGS, OR DOES IT MERELY PROHIBIT THE ARBITRATOR FROM MAKING SUCH AN AWARD? CAMPBELL, C.J., and LEHAN, J., concur.
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1989 WL 11944
...d not the general labor regulations of Chapter 448, Florida Statutes.
472 So.2d at 1358. Similarly, the basis for Munsey's attempted recovery was section
725.07, and not the general labor statutes. Appellees distinguish Buena Vista on the basis that section
682.11, Florida Statutes, specifically excludes recovery of counsel fees in actions to enforce arbitration awards....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2014 WL 2118044, 2014 Fla. App. LEXIS 7649
...rehearing, and since our decision hinges on the latter question addressed in a second-tier certiorari proceeding, this issue is moot. . The parties may expressly waive the statutory right to have the court determine entitlement to fees expressed in section 682.11....
CopyCited 1 times | Published | District Court, N.D. Florida | 2005 U.S. Dist. LEXIS 5984, 2005 WL 799207
...Stat. Under Florida law, the issue of attorney's fees is generally determined by a court upon confirmation or enforcement of an arbitration award because the determination of attorney fees is statutorily excluded from the arbitrators' authority. Id., § 682.11, Fla....
CopyCited 1 times | Published | District Court, M.D. Florida | 1994 U.S. Dist. LEXIS 3430, 1994 WL 96223
...n to Arbitrator Bennett's alleged misconduct. III. (A). The Arbitrators Exceeded their Powers/Authority9 U.S.C. § 10(a)(4). Defendants allege that the arbitrators did not specify the legal basis for their award of attorney's fees. Florida Statute § 682.11, as cited by Defendant, does not allow arbitrators to award attorneys' fees....
...They merely provided Plaintiff with an entitlement of attorneys' fees predicated on an amount that is to be determined "by a court of appropriate jurisdiction." (Dkt. # 7, Exhibit B). According to Fewox v. McMerit Const. Co.,
556 So.2d 419 (Fla. 2d DCA 1989), the phrase "not including counsel fees", (Fla. Stat. §
682.11), "merely indicates that arbitrator may not include attorney fees in award of expenses and fees and does not prohibit trial court award of attorney fees for services rendered by attorney during arbitration proceedings." Courts in general, a...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1992 WL 171041
...The issue on appeal is whether entitlement to attorney's fees specifically provided *690 for by agreement includes attorney's fees incurred during arbitration in connection with the parties' litigation. A collateral issue is whether attorney's fees in this context are prohibited by section 682.11, Florida Statutes (1991)....
...1989); Consolidated Labor Union Trust v. Clark,
498 So.2d 547 (Fla. 3d DCA 1986) (arbitration is included in the term "action" within the meaning of the attorney's fees provision of ERISA, 29 U.S.C. § 1132(g)(1) (1982)). We also reject appellant's fall-back position that section
682.11, Florida Statutes (1991), prohibits an award of attorney's fees in arbitration cases....
CopyCited 1 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 40600
...' fees regarding the arbitrated claims. Thus, the Court shall retain jurisdiction to approve and enforce any settlement reached in arbitration in addition to any arbitral award. As to the attorneys' fees issue, Defendants argue that under Fla. Stat. § 682.11, [4] arbitrator's have no authority to award attorneys' fees....
...Under Florida law and subsequent court interpretations, parties to an arbitration proceeding have the right to have the issue of-attorney's fees decided by a court as opposed to the arbitrator, unless they have expressly waived this statutory right. Fla. Stat. § 682.11; Turnberry Assocs....
...raboytchev, Gonzalez, Andrade and Leavilt. ( See Powell, DE 240; Perez, DE 31.) These Plaintiffs shall hereinafter be termed the "Arbitration Plaintiffs." [3] The relevant arbitration agreements are governed by Florida law. ( See DE 240 at 5-7.) [4] Section 682.11 states: Unless otherwise provided in the agreement or provision for arbitration, the arbitrators' and umpire's expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award....
CopyPublished | District Court, M.D. Florida | 2005 U.S. Dist. LEXIS 31392, 2005 WL 3146827
...In addition, Defendant SunAmerica filed no Counterclaim. Plaintiff also contends that the arbitrators lacked authority to award attorneys fees because absent agreement to the contrary, Florida's Arbitration Code reserves that function for the courts. § 682.11, Fla....
...That the arbitrators awarded upon a matter not submitted to the panel; or 3. That the award is imperfect in matter of form not affecting the merits of the controversy. 9. U.S.C. § 11. Plaintiff's argument for vacating or modifying the award relies primarily on the Florida Arbitration Code, Florida Statutes Section
682.11 (relating to arbitrators' authority), Section
682.13(c) (relating to vacating an award), and Section
682.14(b) (relating to modification of an award). Florida Statutes Section
682.11 has been construed to limit arbitrators' ability to award attorney fees absent the parties' agreement....
...Plaintiff further argues that the fact the parties submitted the matter to NASD arbitration does not constitute an express agreement. At least one Florida Court has held that filing a submission agreement and requesting attorneys fees are not sufficient actions to constitute an express waiver of the limitation contained in Section 682.11, Florida Statutes....
...Florida Statutes §
448.08 [2] Unless otherwise provided in the agreement or provision for arbitration, the arbitrators' and umpire's expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. West's F.S.A. §
682.11 [3] However, Plaintiff itself at the briefing stage argued that by virtue of the parties' memberships with the NASD and through their Submission Agreements, the Parties all agreed that the NASD Code of Arbitration Procedure (Code) governs....
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 15512, 2006 WL 2683210
...Select Contracting, Inc.,
865 So.2d 601, 605 (Fla. 4th DCA 2004). Appellants further argue that because they did not submit the issue of attorney’s fees under Chapter 517 to the arbitration panel, the panel was without authority to deny such fees. Section
682.11, Florida Statutes (1997), provides: “Unless otherwise provided in the agreement or provision for arbitration, the arbitrators’ and umpire’s expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 11645, 1996 WL 637671
...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)....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 8664, 1990 WL 176041
...the issue of attorneys’ fees; fees must be determined by the trial court. In particular, PRG relies on Loxahatchee v. Guy Villa and Sons, Inc.,
371 So.2d 111 (Fla. 4th DCA 1978), cert. denied,
378 So.2d 346 (Fla.1979) in which the court found that section
682.11, Florida Statutes (1975), prohibited the arbitrator from awarding attorneys’ fees....
...rovided in the agreement or provision for arbitration, the arbitrator’s and umpire’s expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. § 682.11, Fla.Stat....
...e subcontract apportions expenses but makes no reference to attorneys’ fees. . The motion for summary judgment asserts that Oviedo’s claim was for sums PRG had "backcharged” Oviedo. . In Fewox , the court certified the following question: DOES SECTION 682.11, FLORIDA *916 STATUTES (1987), PROHIBIT AN AWARD OF ATTORNEY’S FEES INCURRED DURING ARBITRATION PROCEEDINGS, OR DOES IT MERELY PROHIBIT THE ARBITRATOR FROM MAKING SUCH AN AWARD? ....
...y’s fees by the trial court. See Insurance Co. of North America v. Acousti Engineering Co.,
549 So.2d 790 (Fla. 5th DCA 1989), juris. accepted,
557 So.2d 866 (Fla. 1990). . The text of the statute relied on in Tassinari is identical to the text of section
682.11, Florida Statutes (1989)....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4761, 1991 WL 85557
...But beyond that I find all costs awardable to the prevailing party, which was Mr. Davidson.” We begin our analysis of this case with resolving the issue of whether fees of an arbitrator are recoverable costs. We conclude that there is statutory authority for an arbitrator’s fee to be awarded as an item of costs. Section 682.11 provides: Unless otherwise provided in the agreement or provision for arbitration, the arbitrators’ ... expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. § 682.11, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1987 Fla. App. LEXIS 8702, 12 Fla. L. Weekly 1438
...The trial court granted the stay *46 and, pursuant to appellees’ motion, appointed an arbitrator and ordered the parties to each pay one-half of the required arbitration fee to commence the proceeding. With reference to fees and expenses incurred in an arbitration proceeding, section 682.11, Florida Statutes (1985), provides: Fees and Expenses of Arbitration....
CopyPublished | Florida 3rd District Court of Appeal | 2013 WL 3927684, 2013 Fla. App. LEXIS 12009
...Juan Carlos Carvajal appeals the trial court’s order denying his petition to vacate or modify a portion of an arbitration award and denying his motion to award attorney’s fees. Because Carvajal did not expressly waive his statutory right to have a court hear attorney’s fees issues pursuant to section 682.11, Florida Statutes (2012), we reverse and remand for the trial court to vacate the portion of the arbitration award that determined entitlement to attorney’s fees....
...standard, and questions of law de novo. RDC Golf of Fla. I, Inc. v. Apostolicas,
925 So.2d 1082, 1091 (Fla. 5th DCA 2006). The Florida Arbitration Code confers on parties a statutory right to have a court determine entitlement to attorney’s fees. Section
682.11 provides that “[u]nless otherwise provided in the agreement or provision for arbitration, the arbitrators’ and umpire’s expenses and fees, together with other expenses, not including counsel *395 fees, incurred in the conduct of arbitration, shall be paid as provided in the award.” § 682. 11, Fla. Stat. (2012) (emphasis added). The Florida Supreme Court has held that under section
682.11, an arbitrator “has no authority to award [attorney’s] fees absent an express waiver of this statutory right.” Turnberry Assocs....
CopyPublished | Florida 3rd District Court of Appeal
...parties’ lease agreement and separate arbitration agreement plainly provide
for the arbitration of all disputes arising from the parties’ contractual
relationship. L.P. Evans argues that, notwithstanding the language of the
subject agreements, the permissive language of section 682.11(2) of the
Florida Statutes authorizes either the arbitrator or the trial court to adjudicate
all fee claims....
...Tropicana Pools, Inc. v. Boysen,
296 So. 2d 104,
108 (Fla. 1st DCA 1974) (holding that “a contract once entered into may not
thereafter be unilaterally modified”).
L.P. Evans suggests that, irrespective of the language in the contracts,
section
682.11(2) provides it a substantive right to have its fee claim either
litigated or arbitrated. L.P. Evans misconstrues section
682.11(2)....
...An arbitrator may award reasonable attorney fees and other
reasonable expenses of arbitration if such an award is authorized
by law in a civil action involving the same claim or by the
agreement of the parties to the arbitration proceeding.
§ 682.11(2), Fla....
... Unless otherwise provided in the agreement or provision for
arbitration, the arbitrators’ and umpire’s expenses, not including
counsel fees, incurred in the conduct of the arbitration, shall be
paid as provided in the award.
§ 682.11, Fla....
...f trial courts and such claims
could be adjudicated only through litigation unless waived by the parties. See
Turnberry Assocs. v. Serv. Station Aid, Inc.,
651 So. 2d 1173, 1175 (Fla.
1995). Plainly, the Legislature adopted the current version of section
682.11(2) – and included in the provision the permissive “may” – to alter this
former prohibition and specifically to allow an arbitrator to adjudicate an
attorneys’ fee claim, so long as the claim is premised on a statute or contract
authorizing the entitlement to fees....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 613610, 2013 Fla. App. LEXIS 2792
...“Unless otherwise provided in the agreement or provision for arbitration, the arbitrators’ and umpire’s expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.” 2 § 682.11, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1990 Fla. App. LEXIS 899, 1990 WL 12754
...The arbitrators also made an award of attorney’s fees in favor of the Wienekes and against Raymond James in the amount of $9,000.00. The Florida Arbitration Code specifically takes attorney’s fees out of the broad grant of authority it gives to arbitrators. § 682.11, Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal
that is subject to an agreement to arbitrate.” §
682.011(2), Fla. Stat. (2025). Pertinent to our
CopyPublished | Florida 3rd District Court of Appeal
...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....
...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....
CopyPublished | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 25444, 2007 WL 1064217
...Award of Attorneys' Fees Fleet contends the Panel acted improperly by awarding attorney's fees and that the amount of fees should not be decided by a state court. [9] (Dkt.6, p. 19). In response, *1160 Kostoff requests this Court confirm the Panel's award of fees and reserve jurisdiction to determine the appropriate amount Section 682.11, Florida Statutes, is part of the Florida Arbitration Code and provides that "[u]nless otherwise provided in the agreement or provision for arbitration, the arbitrators' and umpire's expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award." § 682.11, Fla....
