Legal Opinion
Barakat v. Sharp
District Court of Appeal of Florida
Decided May 15, 1996No. 95-2485PublishedCited by 1 opinion
1Per curiam
The plaintiff below, Maurice S. Barakat, appeals from an order awarding attorney’s fees in favor of the defendants. We affirm, in part, and reverse and remand, in part.
We find that the defendants did not waive their right to have the circuit court decide the issue of attorney’s fees and therefore, did not confer subject matter jurisdiction upon the arbitrator to award attorney’s fees. Turnberry Assocs. v. Service Station Aid, Inc., 651 So.2d 1173 (Fla.1995). Therefore, we conclude that the trial court had the proper authority to award attorney’s fees.
However, we reverse the portion of the…
2Cases cited5 opinions
- Florida Patient's Compensation Fund v. RoweSupreme Court of Florida · 1985
- Standard Guar. Ins. Co. v. QuanstromSupreme Court of Florida · 1990
- Turnberry Associates v. SERVICE STATIONSupreme Court of Florida · 1995
- Vining v. CarmonaDistrict Court of Appeal of Florida · 1992
- DEPT. OF AGR. & CONSUMER SERVS. v. SchickDistrict Court of Appeal of Florida · 1989
3Cited by1 opinion
- Anderson v. Armor Ins. Co.District Court of Appeal of Florida · 1996