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682 So. 2d 676

Solomon v. Sirkus

District Court of Appeal of Florida

Decided November 6, 1996

District Court of Appeal of Florida · decided 1996-11-06

Relies on 651 So. 2d 1173 - Turnberry Associates v. SERVICE STATION

Decided 1996-11-06

PER CURIAM.

¶1Appellant contends that the trial court erred when it denied his motion to vacate or modify that part of the arbitration award that determined entitlement to attorney’s fees. We agree and reverse.

¶2The 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). See Turnberry Assoc. v. Service Station Aid, Inc., 651 So.2d 1173 (Fla.1995).

¶3We remand this cause with instructions for the trial court to determine the issue of entitlement to attorney’s fees.

¶4REVERSED AND REMANDED.

DELL and SHAHOOD, JJ., and COLBATH, WALTER N., Jr., Associate Judge, concur.
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