Sunday, July 5, 2009

Fourth DCA Concludes Entitlement to Attorney's Fees Need Not be Pled in Non-Binding Arbitration

In Cooper v. Marriott International Inc. (4D08-1583), the Fourth DCA discussed "whether Stockman v. Downs, 573 So. 2d 835 (Fla. 1991), requires a party to plead entitlement to attorney’s fees incurred during court-ordered, nonbinding arbitration conducted pursuant to section 44.103, Florida Statutes (2004). We answer in the negative and affirm the trial court’s award of attorney’s fees."


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