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BARAKAT v. SHARP

No. 95-2485.

674 So.2d 174 (1996)

Maurice BARAKAT, individually and derivatively on behalf of Christel Plaza Corporation, Appellant, v. Byron SHARP, Harry Berger, Bruce R. Burrell and Roland Wood, as officers, directors and shareholders of Christel Plaza Corporation, and Ronald G. Klein, individually, Appellees.

District Court of Appeal of Florida, Third District.

May 15, 1996.

Attorney(s) appearing for the Case

Rumberger, Kirk & Caldwell and Douglas E. Ede; Engels, Pertnoy, Solowsky & Allen and Jay H. Solowsky, Miami, for appellant.

Rhea P. Grossman, Miami, for appellees.

Before BARKDULL, JORGENSON and GODERICH, JJ.

PER 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.,

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