IVONNE AYALA, APPELLANT,

v.

AMERICAN AIRLINES AND ST. PAUL TRAVELERS CLAIMS SERVICES, APPELLEES

Citator

Cited By

• Bland v. Green Acres Grp., L.L.C., 12 So. 3d 822 (Fla. 4th DCA 2009)
  …waiver When an issue must be determined on the basis of the “totality of the circumstances” the circumstances in question are historical facts, which can be established only by evidence. As the court said in Jacksonville Sheriff’s Office v, Cowen, 973 So. 2d 503, 507 (Fla. 1st DCA 2007), “[generally a determination of whether a party has waived the right to arbitrate a dispute involves findings of fact that would be reviewed in this court for support by competent substantial evidence.” So what did the evid…
• Palmcrest Homes OF Tampa BAY, LLC v. Bank OF Am., N.A., 67 So. 3d 1169 (Fla. 2d DCA 2011)
  …ial court may determine whether parties to an arbitration agreement have, by their subsequent conduct, waived their contractual right to arbitration.”); Kel Homes, LLC v. Burris, 933 So. 2d 699, 705 (Fla. 2d DCA 2006); City of Jacksonville v. Cowen, 973 So. 2d 503, 507 (Fla. 1st DCA 2007) (“Florida courts have generally echoed the proposition that the court, rather than the arbitrator, determines whether or not a party has waived arbitration.”); ARI Mut. Ins. Co. v. Hogen, 734 So. 2d 574, 575 (Fla. 3d DCA 199…
• City of Miami v. Fraternal Order of Police (Fla. 3d DCA 2023)
  …question of fact, reviewed on appeal for competent, substantial evidence to support the lower court’s findings.” Green Tree Servicing, LLC v. McLeod, 15 So. 3d 682, 686 (Fla. 2d DCA 2009) (citation omitted); see also City of Jacksonville v. Cowen, 973 So. 2d 503, 507 (Fla. 1st DCA 2007) (same). Here, the record is devoid of factual findings from the trial court. Although the record includes the transcript of the hearing on the cross-motions for summary judgment, the transcript was limited to argument betw…

Authorities Cited

• Coca Cola Foods & GAB v. Olivo Cordero, 589 So. 2d 961 (Fla. 1st DCA 1991)