In Wells v. Halmac Development, Inc., No. 3D15-1081 (Fla. 3rd DCA April 13, 2016), the Third District Court of Appeal found that the trial court abused its discretion in failing to award section 57.105 attorney’s fees. The party’s counsel knew or should have known that the party did not have any reasonable basis in law to seek an order from the trial court declaring the party to be the prevailing party, contrary to the express determination of the arbitrator.
Donna Greenspan Solomon, Esq., handles business-related appeals, mediation, and arbitration. Donna also co-counsels and serves as freelance business litigator for those wishing to expand the bench strength of their practices. Donna is one of only two attorneys certified by The Florida Bar as both Appellate Specialist and Business Litigator. Donna is a Member of the AAA’s Roster of Arbitrators (Commercial Panel). She is a FINRA-Approved and Florida Supreme Court Qualified Arbitrator. She is also a Certified Circuit, Appellate, and Family Mediator. For more information, call Donna at (561) 910-0054, email Donna@SolomonAppeals.com, or visit http://www.solomonappeals.com.