ARAYS D. GRANADA GARCIA
v.
THE INSURANCE EXCHANGE OF AMERICA CORPORATION
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A party waives its contractual right to arbitration by taking an inconsistent position through participation in litigation on an arbitrable issue, regardless of the timing of the motion to compel arbitration.
[1] A party waives its contractual right to arbitration by participating in litigation concerning an arbitrable issue, and such waiver is determined by whether the party took…
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Join FLexlaw to unlock all legal intelligence“Waiver in this connection does not depend on timing of the motion to compel arbitration . . . but rather on the prior taking of an inconsistent position by the party moving therefor.”
Court explaining the standard for waiver of arbitration rights
Granada Garcia and The Insurance Exchange of America Corporation were parties to a contract containing an arbitration clause. The Insurance Exchange p…
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Opinion filed September 8, 2021. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-387 Lower Tribunal No. 20-13091 ________________ Arays D. Granada Garcia,
Appellant,
vs.
The Insurance Exchange of America Corporation,
Appellee. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Annesser Armenteros, PLLC, and John W. Annesser and Megan Conkey Gonzalez, for appellant. Jason M. Wandner, P.A., and Jason M. Wandner, for appellee. Before FERNANDEZ, C.J., and LOGUE and BOKOR, JJ. PER CURIAM.
A party may waive its contractual right to arbitration by participating in litigation concerning an arbitrable issue. See Fine Decorators, Inc. v. Argent Glob. (Bermuda), Ltd., 919 So. 2d 604, 605–06 (Fla. 3d DCA 2006).
“Waiver in this connection does not depend on timing of the motion to compel arbitration . . . but rather on the prior taking of an inconsistent position by the party moving therefor.” Ojus Indus., Inc. v. Mann, 221 So. 2d 780, 782 (Fla. 3d DCA 1969).
Affirmed.
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Citator
Authorities Cited
- Fine Decorators, Inc. v. Argent Global (Bermuda), Ltd., 919 So. 2d 604 (Fla. 3d DCA 2006)