Trial Court's Confirmation Reversed and Remanded
Juan Carlos Carvajal v. Banc of American Investment Services, Inc., 38 Fla. L. Weekly D1655a, Case No. 3D12-2283, issued on July 31, 2013. Reversed and remanded trial court's confirmation of an arbitration award provided for attorney's fees, based on s. 682.22, F. S. conferring the determination of attorney fees in arbitration proceedings on the courts, in the absent of an express waiver. Here, the court found that an express waiver must be based on either a stipulation of the parties during the course of the arbitration proceedings or a specific finding based on competent substantial evidence that the parties had submitted the issue of attorney fees to the arbitrator. In this case, the court determined that a request for attorney's fees in the arbitration pleadings did not constitute sufficient evidence of an express waiver.
(From RPPTL Subcommittee)
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602