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Fees May Follow Prevailing on Motion to Appoint Arbitrator

Div. One of the Fourth District Court of Appeal has held that a trial judge did not err in awarding a party attorney fees for succeeding on a motion to appoint an arbitrator under a contract providing that “the prevailing party” may recover such costs incurred “in having the matter ordered” to arbitration, rejecting the opposing side’s assertion that the ruling was premature as the success was only as to an “interim procedural step” in an ongoing dispute.

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