RAYMOND JAMES & ASSOCIATES, INC., APPELLANT,
v.
RAYMOND W. SMITH AND HELEN L. SMITH, APPELLEES
RAYMOND JAMES & ASSOCIATES, INC., APPELLANT,
RAYMOND W. SMITH AND HELEN L. SMITH, APPELLEES
632 So. 2d 715
Florida District Court of Appeal, Second District (1994)
Positive Treatment
Cited by 1 case
Opinion of the Court
FULMER, Judge.
The prevailing party in an arbitration proceeding appeals the trial court’s ruling that any award of attorney’s fees should be decided by the arbitrator, not the court.
This issue was addressed recently in Lee v. Smith, Barney, Harris Upham & Co., 626 So. 2d 969 (Fla. 2d DCA 1993), in which this court held that the determination of attorney’s fees in arbitration was controlled by Florida law and, thus, should be made by the court, not the arbitrator. Accordingly, this case is reversed and remanded to the trial court for consideration of the attorney’s fees issue.
DANAHY, A.C.J., and QUINCE, J., concur.
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Beasley v. State, 724 So. 2d 591 (Fla. 2d DCA 1998)…term. Since neither the original plea nor the original plea transcript are contained in the instant record, this court has no way of verifying that appellant was actually informed of the minimum mandatory term. This was error under Saliga v. State, 632 So. 2d 715 (Fla. 2d DCA 1994), and is a valid ground to allow appellant to withdraw his plea as to those charges for which a minimum mandatory term was imposed. See also Colon v. State, 619 So. 2d 34 (Fla. 2d DCA 1993); Fla. R.Cr. P. 3.172(c)(1). Accordingly,…
Authorities Cited
- Joe and Ellen LEE v. Smith Barney, 626 So. 2d 969 (Fla. 2d DCA 1993)