Turnberry Assocs. v. Service Station Aid, Inc

In Turnberry Assocs. v. Service Station Aid, Inc., 651 So. 2d 1173 (Fla. 1995), the Florida Supreme Court held that "parties by agreement may waive their entitlement to have the circuit court decide the issue of attorney's fees under section 682.11 and by doing so may confer subject matter jurisdiction upon an arbitrator to award attorney's fees." 651 So. 2d at 1175. The court explained that "trial courts, in the event a dispute arises, continue to enjoy exclusive jurisdiction to resolve the factual issue of whether the parties have waived their statutory right to have the court decide the fee issue." Id. Further, under section 682.11, "the parties continue to have the right to have the issue of attorney's fees decided in court if they wish" and "the arbitrator has no authority to award fees absent an express waiver of this statutory right." Id. In Turnberry, the supreme court indicated that "the parties by agreement may waive their right to have the circuit court decide the issue of attorney's fees" pursuant to section 682.11. 651 So. 2d at 1175. The court further indicated that "the arbitrator has no authority to award fees absent an express waiver of this statutory right." Id.