Arbitrator Makes Determination of No Prevailing Party

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Diane N. Wells and Thomas G. Wells v. Hector Castro, et. al., 38 Fla. L. Weekly D1509a, Case Trytek v. Gale Industries, Inc., 3 So. 3d 1194 (Fla. 2009); however, the trial court's attempt to overturn and modify or vacate the arbitration award as to this determination was not within the limited statutory grounds for doing so pursuant to ss. 682.13 and 682.14.

No. 3D12-3039, filed July 13, 2013. Writ of Mandamus was issued to compel the trial court to confirm an arbitration award and to quash an order determining that one of the parties was the "prevailing party" for purposed of an award of attorney fees. The parties had agreed that the arbitrator could determine the "prevailing party" as part of the proceedings on breach of contract and construction lien claims, and the arbitrator made the determination that there was NO prevailing party under the factors set forth in

Editor's Note: This is yet another case holding that an arbitration award may not be reversed based on the arbitrator's error of law, which is a real impediment to the greater use of statutory arbitration provisions. See Schmurmacher Holding, Inc., v. Noriega, 542 So. 2d 1327 (Fla. 1998).

(From RPPTL Subcommittee) 

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

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