AP ATLANTIC, INC., A NORTH CAROLINA CORPORATION SUCCESSOR BY ASSIGNMENT FROM AP GULF STATES, INC., A TEXAS CORPORATION, D/B/A ADOLFSON & PETERSON CONSTRUCTION
v.
SILVER CREEK ST. AUGUSTINE, LLLP, A FLORIDA LIMITED PARTNERSHIP
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A non-signatory to an arbitration agreement may compel arbitration when a signatory asserts claims against the non-signatory that relate directly to the contract.
[1] A non-signatory to an arbitration agreement may enforce the provision against a signatory when the signatory asserts claims against the non-signatory that arise directly…
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Join FLexlaw to unlock all legal intelligence“when the claims relate directly to the contract and the signatory is relying on the contract to assert its claims against the non-signatory”
Exception to the general rule that non-signatories cannot compel arbitration
AP Atlantic, Inc., a non-signatory to a construction contract, sought to compel arbitration after Silver Creek St. Augustine, LLLP, a signatory, filed…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
AP ATLANTIC, INC., A NORTH CAROLINA
CORPORATION SUCCESSOR BY
ASSIGNMENT FROM AP GULF STATES,
INC., A TEXAS CORPORATION, D/B/A
ADOLFSON & PETERSON CONSTRUCTION,
Appellant,
v. Case No. 5D18-1656
SILVER CREEK ST. AUGUSTINE, LLLP, A FLORIDA LIMITED PARTNERSHIP,
Appellee.
________________________________/
Opinion filed March 15, 2019
Nonfinal Appeal from the Circuit Court for St. Johns County,
J. Michael Traynor, Judge.
Lauren V. Purdy and William E. Adams, Jr., of Gunster, Yoakley & Stewart, P.A., Jacksonville, for Appellant.
Robert J. Hauser, of Pankauski Hauser PLLC, West Palm Beach, Frederick R. Brock, of Gartner, Brock and Simon, Jacksonville, and Robert A. Sweetapple, of Sweetapple, Broeker & Varkas, PL, Boca Raton, for Appellee.
PER CURIAM.
2 Appellant, AP Atlantic, Inc., a non-signatory to a construction contract, appeals the denial of its motion to compel arbitration after the trial court concluded that the contract’s arbitration provision did not apply to non-signatories. The construction contract was signed by Appellee, Silver Creek St. Augustine, LLLP, and Appellant’s affiliate, AP Gulf States, Inc. We reverse because a non-signatory may enforce an arbitration provision when a signatory makes a claim against the non-signatory that arises out of the contract.
Generally, “a non-signatory to a contract containing an arbitration agreement . . . cannot compel a signatory to submit to arbitration.” Koechli v. BIP Int’l, Inc., 870 So. 2d 940, 943 (Fla. 1st DCA 2004). However, an exception to this rule is “when the claims relate directly to the contract and the signatory is relying on the contract to assert its claims against the non-signatory.” Id. at 944 (citations omitted).
In this case, Appellee is a signatory and has alleged claims below against Appellant directly related to both performance and payment under the contract. In these rare circumstances, Florida courts have determined that a non-signatory to the contract may enforce an arbitration provision against a signatory. See, e.g., Roman v. Atl. Coast Constr. & Dev., Inc., 44 So. 3d 222, 224 (Fla. 4th DCA 2010); Koechli, 870 So. 2d at 945; Cuningham Hamilton Quiter, P.A. v. B.L. of Miami, Inc., 776 So. 2d 940, 943 (Fla. 3d DCA 2000). Accordingly, we reverse the order denying Appellant’s motion to compel arbitration and remand with directions that the trial court grant the motion.
REVERSED and REMANDED.
EVANDER, C.J., EISNAUGLE and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Urs Koechli v. BIP Int'l, Inc., 870 So. 2d 940 (Fla. 1st DCA 2004)
- Silva v. Joseph Kalbac, M.D., 776 So. 2d 940 (Fla. 3d DCA 2000)
- Roman v. Atl. Coast Constr. & Dev., Inc., 44 So. 3d 222 (Fla. 4th DCA 2010)
- Portia J. Simmons v. Fla. Unemployment Appeals Comm'n, 44 So. 3d 222 (Fla. 3d DCA 2010)