SOLOMON v. SIRKUS

No. 96-0592.

682 So.2d 676 (1996)

Michael A. SOLOMON, Appellant, v. Fay SIRKUS and Fay Sirkus as Personal Representative of the Estate of William Sirkus, jointly and severally, Appellees.

District Court of Appeal of Florida, Fourth District.

November 6, 1996.


Attorney(s) appearing for the Case

Howard N. Kahn of Kramer, Green, Zuckerman & Kahn, P.A., Hollywood, for appellant.

Richard H. Levenstein of Richard H. Levenstein, P.A., Boca Raton, for appellees.


PER CURIAM.

Appellant 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.

The 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...

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