Continental Casualty Co. v. A.W. Baylor Versapanel-Plastering, Inc.

Continental Casualty Company (“Continental”) appeals from an order awarding attorney’s fees to A.W. Baylor Versapanel-Plastering, Inc. (“Baylor”) in a post-arbitration proceeding. The arbitration panel had declined to award either party attorney’s fees under section 713.29, Florida Statutes (2007), after finding that neither was the “prevailing party.” That statute provides for an award of attorney’s fees to the prevailing party in an action to enforce a claim on a bond under chapter 713.

*939Notwithstanding the arbitrator’s decision, the trial court found that Baylor was entitled to recover…