District Court of Appeal of Florida

An order confirming an arbitration decision in a breach of fiduciary duty case, concluding that appellants were not the prevailing party in the arbitration and awarding costs to a trustee, is affirmed where, based on the fact that appellants were assessed costs and fees, and on the arbitration panel's conclusion that appellants were guilty of some wrongdoing, the trial court correctly upheld a finding that they were not prevailing parties.

Appellate Information

• Decided 09/20/2006
• Published 09/20/2006

Judges

• POLEN, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• William Zeena, Jr., and Alan M. Herman of Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Miami, for appellants.


• For Appellees:
  
• Delmer C. Gowing III of Delmer C. Gowing III, P.A., Ocean Ridge, for appellee.