APPELBAUM v. FAYERMAN

No. 4D05-4106.

937 So.2d 282 (2006)

Alan Z. APPELBAUM, Appellant, v. Peter FAYERMAN and Don Raab, Appellees.

District Court of Appeal of Florida, Fourth District.

September 13, 2006.


Attorney(s) appearing for the Case

Daniel S. Newman, P.A., and Cynthia Morales of Broad and Cassel, Miami, for appellant.

Mark H. Muller and Michael H. Schaalman of Quarles & Brady LLP, Naples, for appellee, Peter Fayerman.


GROSS, J.

The issue in this case is whether the parties to an arbitration expressly waived their right to have a court decide the issue of attorney's fees. We hold that there was no express waiver and reverse the order of the circuit court denying attorney's fees.

Appellee, Peter Fayerman, filed a claim in arbitration against his former bond broker, appellant Alan Appelbaum. The statement of claim alleged various legal theories of misconduct and requested...

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