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Kaltenbacher v. Morgan Keegan & Co.

Citations: 84 So. 3d 1127; 2012 Fla. App. LEXIS 4507; 2012 WL 967838Docket: No. 2D10-5800

Court: District Court of Appeal of Florida; March 23, 2012; Florida; State Appellate Court

Narrative Opinion Summary

In the case at hand, the appellant, who had initiated arbitration proceedings, appealed a final judgment that confirmed an arbitration award in his favor against certain parties but not against Morgan Keegan and Company, Inc. The appellant sought to vacate the arbitration award, but the court affirmed the denial of this motion, finding no reversible error. Morgan Keegan cross-appealed the denial of their request for attorney's fees incurred during the defense against the appellant's motion. The court reversed this part of the judgment, citing a clause in the Client Agreement that obligated the appellant to cover such costs if Morgan Keegan prevailed in related proceedings. The appellant argued that the arbitration panel's decision precluded Morgan Keegan from seeking fees in the circuit court; however, the court rejected this argument, stating that the arbitration decision did not bind the circuit court action. The court further supported its decision by referencing precedent requiring enforcement of contractual attorney's fee provisions. Consequently, the judgment was affirmed in part, reversed in part concerning attorney's fees, and remanded for further proceedings. The appellant's additional arguments were found to be without merit, and the decision was concurred by Judges Khouzam and Crenshaw.

Legal Issues Addressed

Arbitration Award Confirmation

Application: The court affirmed the confirmation of the arbitration award, rejecting the appellant's motion to vacate due to lack of reversible error.

Reasoning: The court affirms the denial of Kaltenbacher’s motion to vacate, stating he did not demonstrate reversible error in the circuit court's decision.

Arbitration Panel's Decision on Attorney's Fees

Application: The court clarified that the arbitration panel's decision not to award attorney's fees does not bind subsequent related court actions.

Reasoning: The court disagreed, clarifying that the arbitration ruling did not bind the circuit court in this separate action initiated by Kaltenbacher.

Contractual Obligation for Attorney's Fees

Application: The court reversed the denial of attorney's fees to Morgan Keegan, enforcing a contractual clause obligating the appellant to pay such fees upon the appellee's success in related proceedings.

Reasoning: The court reverses the part of the final judgment that denied Morgan Keegan's request for attorney’s fees, citing a clause in the Client Agreement that obligates Kaltenbacher to bear such costs if Morgan Keegan prevails in related proceedings.

Enforcement of Attorney's Fees Provisions

Application: The court emphasized that contractual provisions for attorney's fees must be enforced unless a compelling reason exists not to do so.

Reasoning: The court supports its decision by referencing similar cases where attorney's fees were awarded for defending motions to vacate arbitration awards, emphasizing that trial courts must enforce contractual provisions regarding attorney's fees unless there is a compelling reason not to do so.