Disinterested Appraiser

A recent Florida 5th DCA case examined the issue can a party’s own attorney serve as a disinterested appraiser?  The Court answered the question in the negative, stating ‘if an appraiser owes his nominating party a fiduciary duty of loyalty or a confidential relationship, as do attorneys, then the existence of such a relationship between a litigant and an appraiser creates too great a likelihood that the appraiser will be incapable of rendering a fair judgment.”   (internal quotations omitted).  For the full opinion check out 2014 WL 4648208.