Material Handling Systems, Inc. v. United Granite Penna, LLC
The Fourth DCA affirmed the county court's denial of Material Handling Systems' petition for attorney fees following an AAA arbitration award. Post-2013 §682.11(2) authorizes arbitrators to decide attorney fee claims if authorized by contract or statute — overriding the old rule requiring express waiver. Because MHS elected to arbitrate all disputes, requested fees in every arbitration filing, and the arbitrator denied all non-awarded claims, MHS's attempt to redirect the fee claim to the trial court was impermissible.
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