O'KEEFE ARCHITECTS, INC., APPELLANT,
v.
CED CONSTRUCTION PARTNERS LTD., ET AL., APPELLEE
Explore caselaw by topic → Browse Statute Of Limitations cases and more on FLexlaw
PER CURIAM.
The appellant, O’Keefe Architects, Inc., appeals a non-final order compelling arbitration and staying the case in circuit court. We affirm in all respects. We write only to reiterate that an issue concerning whether a demand for arbitration is timely is a question of fact to be decided by arbitration, and not the trial court. See CED Constr., Inc. v. Kaiser-Taulbee Assoc., Inc., 816 So. 2d 813 (Fla. 5th DCA 2002); Pembroke Indus. Park P’ship v. Jazayri Constr., Inc., 682 So. 2d 226 (Fla. 3d DCA 1996). See also Alderman v. City of Jacksonville Fire & Rescue Div., 902 So. 2d 885 (Fla. 1st DCA 2005). This concept encompasses the position that arbitration is unnecessary because of the expiration of the statute of limitations. See CED Constr. We do, however, certify conflict in this regard with Reuter Recycling of Florida, Inc. v. City of Dania Beach, 859 So. 2d 1271 (Fla. 4th DCA 2003).
AFFIRMED.
PLEUS, C.J., ORFINGER and MONACO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
O'Keefe Architects, Inc. v. CED Constr. P'rs, Ltd., 944 So. 2d 181 (Fla. 2006)…PARIENTE, J. We have for review O’Keefe Architects, Inc. v. CED Construction Partners Ltd., 909 So. 2d 370 (Fla. 5th DCA 2005), in which the Fifth District Court of Appeal certified conflict with Reuter Recycling of Florida, Inc. v. City of Dania Beach, 859 So. 2d 1271 (Fla. 4th DCA 2003). The conflict issue is whether under the Florida Arbitration Code,…
-
Raymond James Fin. Servs., Inc. v. Phillips, 110 So. 3d 908 (Fla. 2d DCA 2011)…question was a factual matter for the arbitrators to decide. Id. at 185. Chapter 682, Florida Statutes (2005), generally empowers Florida courts to determine only issues of “arbitrability.” Id.; O’Keefe Architects, Inc. v. CED Constr. Partners Ltd., 909 So. 2d 370 (Fla. 5th DCA 2005). In sum, neither the Fifth District nor the supreme court in O’Keefe Architects reached the limitations issue on its merits but held only that the parties had made a contract in which this decision was relegated to the arbitrator…
Authorities Cited
- Alderman v. City of Jacksonville, 902 So. 2d 885 (Fla. 1st DCA 2005)
- Eve Alce v. State, 682 So. 2d 226 (Fla. 3d DCA 1996)
- CED Constr., Inc. v. Kaiser-Taulbee Assocs., Inc., 816 So. 2d 813 (Fla. 5th DCA 2002)
- Reuter Recycling OF Fla., Inc. v. City OF Dania Beach, 859 So. 2d 1271 (Fla. 4th DCA 2003)