Compel Arbitration

240 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Betzaida Fonte v. AT&T Wireless Servs., Inc.
  903 So. 2d 1019· Fla. 4th DCA· 2005-06-15 ·cited 92×
  Betzaida Fonte appealed a trial court order compelling arbitration of her class action lawsuit against AT&T Wireless for alleged breach of contract and violations of Florida's Deceptive and Unfair Trade Practices Act (FDUTPA) based on unilateral rate plan changes. The Florida Fou
• Local 205 v. Gen. Elec. Co. (Telechron Dep't
  233 F.2d 85· 1st Cir.· 1956-04-25 ·cited 79×
  A federal district court has jurisdiction under § 301 of the Labor Management Relations Act to compel an employer to arbitrate a dispute, as the Norris-LaGuardia Act's restrictions on injunctions do not apply to orders compelling arbitration.
• Rochdale Vill., Inc. v. Pub. Serv. Emps. Union
  605 F.2d 1290· 2d Cir.· 1979-09-24 ·cited 65×
  The court held that disputes concerning whether the parties entered into a separate agreement to terminate the collective bargaining agreement are not arbitrable and must be decided by the court, while disputes regarding termination under the agreement's duration clause or repudi
• Int'l Union OF Elec., Radio & Mach. Workers, AFL-CIO v. Gen. Elec. Co.
  407 F.2d 253· 2d Cir.· 1968-12-27 ·cited 64×
  The court held that the 1963 agreement's detailed arbitration clauses limit arbitrability, requiring grievances to allege a direct violation of specific contract provisions, and that certain grievances concerning piece-rate changes were arbitrable as a matter of right, while othe
• Arrieta v. Volkswagen Ins. Co. & Protective Nat'l Ins. Co.
  343 So. 2d 918· Fla. 3d DCA· 1977-03-15 ·cited 58×
  An injured plaintiff with uninsured motorist (UM) coverage may compel arbitration under their own UM policy without first suing the tortfeasor, provided the tortfeasor's liability limits are less than the plaintiff's UM limits.
• Mike Bradford & Co., Inc. v. Gulf States Steel Co., Inc.
  184 So. 2d 911· Fla. 3d DCA· 1966-04-05 ·cited 51×
  Mike Bradford & Company sued Gulf States Steel Company for breach of contract, and Gulf answered and counterclaimed. After five and one-half months and jury selection, Gulf moved to compel arbitration based on a contract clause making arbitration a condition precedent to legal ac
• Ojus Indus., Inc. v. Mann
  221 So. 2d 780· Fla. 3d DCA· 1969-04-15 ·cited 50×
  Ojus Industries and Stanley Spitzer appealed an order denying their motion to compel arbitration of a dispute over the book value of stock under a settlement agreement with Sidney Mann. The court reversed, holding that the clear and definite arbitration clause in the contract was
• Alterra Healthcare Corp. (as to Alterra Sterling House of Vero Beach & Clare Bridge Cottage of Vero Beach) v. Bryant
  937 So. 2d 263· Fla. 4th DCA· 2006-09-13 ·cited 47×
  Alterra Healthcare and individual defendants appealed a trial court's order granting their motion to compel arbitration but severing provisions that waived punitive damages, capped non-economic damages, limited discovery, and eliminated appeal rights. The court affirmed, holding
• Stock W., Inc. v. Confederated Tribes OF THE Colville Reservation
  873 F.2d 1221· 9th Cir.· 1989-04-20 ·cited 46×
  The Ninth Circuit held that the district court correctly found diversity jurisdiction but erred in dismissing the case on comity grounds without requiring exhaustion of tribal remedies.
• N. Am. van Lines v. Collyer
  616 So. 2d 177· Fla. 5th DCA· 1993-04-02 ·cited 40×
  The trial court abated a civil lawsuit and ordered arbitration, but then rescinded that order when the plaintiffs claimed they could not afford the arbitration deposit required by the American Arbitration Association. The appellate court reversed, holding that a party's financial
• Intracoastal Ventures Corp. v. Safeco Ins. Co. of Am.
  540 So. 2d 162· Fla. 4th DCA· 1989-03-15 ·cited 39×
  An insured policyholder challenged a trial court's dismissal of its insurance claim, arguing that the policy's appraisal clause did not constitute a binding arbitration agreement. The appellate court affirmed, holding that the detailed appraisal provision qualified as an arbitrat
• The Pub. Health Tr. OF Dade Cnty. v. M.R. Harrison Constr. Corp.
  415 So. 2d 756· Fla. 3d DCA· 1982-05-18 ·cited 38×
  The Public Health Trust of Dade County appealed from an order denying its motion to stay arbitration and dismissing its complaint for damages. The court held that whether a demand for arbitration was made within a reasonable time, as required by the arbitration clause, is a proce
• Stalley v. Transitional Hosps. Corp. OF Tampa, Inc.
  44 So. 3d 627· Fla. 2d DCA· 2010-08-11 ·cited 37×
  The Estate of Roderic L'Aine appealed a trial court order compelling arbitration of a wrongful death claim based on an arbitration agreement signed by Roderic's wife, JoAnne, during his hospital admission. The appellate court reversed, holding that JoAnne lacked authority to bind
• In re the Petition of Kinoshita & Co., Ltd.
  287 F.2d 951· 2d Cir.· 1961-03-16 ·cited 37×
  The court held that the arbitration clause was not broad enough to cover allegations of fraud in the inducement, and that there was no substance to the fraud claim.
• Alterra Healthcare Corp. & Deanne M. Smith as to Alterra Sterling House of Tallahassee v. The Est. OF Jeanette Kelley Linton
  953 So. 2d 574· Fla. 1st DCA· 2007-02-28 ·cited 36×
  This appeal addresses whether an arbitration clause in a nursing home residency agreement is enforceable against the estate of a deceased resident with advanced Alzheimer's disease. The court affirmed that the arbitration agreement was binding and severable despite containing dam
• In re the Arb. between Karavos Compania Naviera S. A. v. Atlantica Exp. Corp.
  588 F.2d 1· 2d Cir.· 1978-11-15 ·cited 36×
  The court held that the district court erred in finding that Repetti had actual or apparent authority to charter a vessel on behalf of Atlántica, and that Atlántica was not estopped from denying such authority.
• Owens & Minor Med., Inc. v. Innovative Mktg. & Distrib. Servs., Inc.
  711 So. 2d 176· Fla. 4th DCA· 1998-05-13 ·cited 34×
  Owens & Minor Medical, Inc., appealed from the trial court's denial of its motion to compel arbitration and stay proceedings on appellee's counterclaim. The court affirmed, holding that the appellant had waived its right to arbitration through active participation in litigation,
• The Procter & Gamble Indep. Union OF Port Ivory v. The Procter & Gamble Mfg. Co.
  298 F.2d 644· 2d Cir.· 1962-01-31 ·cited 34×
  The court held that under a broad arbitration clause, grievances are arbitrable unless there is a clear exclusion, and doubts are resolved in favor of arbitration.
• Woebse v. Health Care & Ret. Corp. OF Am.
  977 So. 2d 630· Fla. 2d DCA· 2008-02-06 ·cited 33×
  Marilyn Woebse, as representative of her deceased father's estate, appealed an order compelling arbitration of her wrongful death and nursing home rights violation claims against Heartland Health Care Center. The Florida appellate court reversed, finding the arbitration agreement
• Int'l Ass'n OF MacHinists & Aerospace Workers, AFL-CIO v. Aloha Airlines, Inc.
  790 F.2d 727· 9th Cir.· 1986-02-06 ·cited 32×
  The court held that res judicata barred the claim for compelling arbitration but not the claims for breach of contract and RLA violations, and that the six-month statute of limitations from the NLRA applies to such claims, but not retroactively to this case.
• Cardegna v. Buckeye Check Cashing, Inc.
  894 So. 2d 860· Fla.· 2005-01-20 ·cited 30×
  The Florida Supreme Court held that when a party alleges a contract is void under Florida law (here, for usury), a trial court—not an arbitrator—must first determine the contract's legality before any arbitration clause can be enforced. The court quashed the Fourth District's dec
• Turboff v. Merrill Lynch
  867 F.2d 1518· 5th Cir.· 1989-03-23 ·cited 26×
  The court held that a recent amendment to the Federal Arbitration Act precludes appellate jurisdiction over interlocutory orders compelling arbitration, absent a Section 1292(b) certification.
• State Farm Fire & Cas. Co. v. Glass
  421 So. 2d 759· Fla. 4th DCA· 1982-11-10 ·cited 26×
  The court held that the existence of uninsured motorist coverage is a question for the court, not for arbitration, and the trial court erred in dismissing the counterclaim and ordering arbitration before determining coverage.
• Liberty Commc'ns, Inc. v. MCI Telecomms. Corp.
  733 So. 2d 571· Fla. 5th DCA· 1999-05-07 ·cited 25×
  Liberty Communications and Thomas Hitchens appealed an order compelling arbitration and dismissing their complaint against MCI Telecommunications. The court held that while Liberty's claims could be compelled to arbitration under the contract, Hitchens—who signed the arbitration
• McCREEDY v. Local Union NO. 971
  809 F.2d 1232· 6th Cir.· 1987-01-23 ·cited 25×
  The court held that the six-month statute of limitations from section 10(b) of the NLRA applies to both employees' hybrid section 301 claims and the union's action to compel arbitration, and that both claims were time-barred.
• Ebens v. State Farm Mut. Auto. Ins. Co.
  278 So. 2d 674· Fla. 3d DCA· 1973-06-05 ·cited 24×
  The court held that the question of whether a hit-and-run vehicle was involved is an issue bearing on the right to recover under the policy, not an issue of coverage, and thus is subject to arbitration.
• Borck v. Holewinski
  459 So. 2d 405· Fla. 4th DCA· 1984-11-14 ·cited 23×
  The court affirmed a trial court order staying arbitration of a construction contract dispute where the contractor sought rescission of the entire contract based on mutual mistake. The court held that when a party seeks true rescission of a contract, the arbitration clause is aba
• Matterhorn, Inc. v. NCR Corp.
  727 F.2d 629· 7th Cir.· 1984-02-07 ·cited 23×
  The court held that an order denying a motion to compel arbitration pending a trial on the existence of the arbitration agreement is a nonappealable interlocutory order under 28 U.S.C. § 1292(a)(1).
• Liskey v. Oppenheimer & Co., Inc.
  717 F.2d 314· 6th Cir.· 1983-09-21 ·cited 23×
  The court held that the Federal Arbitration Act requires severance and arbitration of arbitrable claims when joined with non-arbitrable federal securities claims, even if factually intertwined, to preserve the parties' agreement to arbitrate.
• Tamiami P'rs v. Miccosukee Tribe OF Indians OF Florida
  999 F.2d 503· 11th Cir.· 1993-08-16 ·cited 22×
  Tamiami Partners, Ltd. (TPL), a non-Indian gaming company, sued the Miccosukee Tribe in federal district court seeking to compel arbitration of a contract dispute and to enjoin the Tribe from exercising self-help remedies under a gaming management agreement. The Eleventh Circuit
• N. Cal. Dist. Council OF HOD Carriers, Bldg. & Constr. Laborers, AFL-CIO v. Opinski
  673 F.2d 1074· 9th Cir.· 1982-04-05 ·cited 22×
  The district court erred by dismissing the union's action without prejudice; it should have stayed the proceedings pending resolution of the related NLRB charge.
• Int'l Union OF Operating Eng'rs, Local 150, AFL-CIO v. Flair Builders, Inc.
  440 F.2d 557· 7th Cir.· 1971-02-05 ·cited 22×
  The court held that the defense of laches in a labor dispute should be decided by the arbiter responsible for the merits of the dispute, not separately by a court.
• Aberdeen Golf & Country Club v. Bliss Constr., Inc.
  932 So. 2d 235· Fla. 4th DCA· 2005-09-07 ·cited 21×
  Aberdeen Golf & Country Club appeals a trial court's denial of its motion to compel arbitration of a construction dispute. The court affirmed, holding that the owner forfeited its right to arbitration by repudiating the contract's alternative dispute resolution (ADR) provision an
• Tamera Fletcher v. Huntington Place Ltd. P'ship
  952 So. 2d 1225· Fla. 5th DCA· 2007-03-30 ·cited 20×
  Fletcher, as personal representative of her mother's estate, appealed an order compelling arbitration of a nursing home claim against Huntington Place. The court reversed, finding the arbitration agreement void as against public policy because it incorporated AHLA rules that dism
• Vacation Beach, Inc. v. Charles Boyd Constr., Inc.
  906 So. 2d 374· Fla. 5th DCA· 2005-07-22 ·cited 20×
  Vacation Beach, Inc. challenged a trial court order compelling arbitration of a construction contract dispute with Charles Boyd Construction, Inc., arguing the contract was illegal because Boyd Construction lacked a required qualifying agent under Florida law. The Florida Fifth D
• E.M. Diagnostic Sys., Inc. v. Local 169
  812 F.2d 91· 3d Cir.· 1987-02-13 ·cited 20×
  A grievance is arbitrable under a broad arbitration clause if its subject matter falls within the zone of interests protected by the collective bargaining agreement, and there is no clear evidence of intent to exclude it from arbitration.
• Merit Ins. Co. v. Leatherby Ins. Co.
  581 F.2d 137· 7th Cir.· 1978-07-26 ·cited 20×
  A plaintiff's voluntary dismissal under Rule 41(a)(1) is permissible even after a motion to stay and compel arbitration, as such a motion does not address the merits of the underlying controversy and is not equivalent to an answer or motion for summary judgment.
• In re the Arb. between Marcy LEE Mfg. Co.
  354 F.2d 42· 2d Cir.· 1965-11-17 ·cited 20×
  The court held that the jurisdictional amount for compelling arbitration is based on the potential award from arbitration, not just the direct settlement amount.
• Warehousemen's Union Local NO. 206 v. Cont'l CAN Co., Inc.
  821 F.2d 1348· 9th Cir.· 1987-07-07 ·cited 19×
  The court held that a valid collective bargaining agreement existed and the dispute over subcontracting was subject to arbitration, and that the NLRB's refusal to issue a complaint did not preclude arbitration.
• Fenton H. Germann v. AGE Inst. OF Fla., Inc.
  912 So. 2d 590· Fla. 2d DCA· 2005-02-09 ·cited 18×
  A nursing home resident's estate sued the nursing home operator and related defendants for negligence and wrongful death. The trial court ordered arbitration based on arbitration clauses in contracts between the nursing home and consulting companies, but the resident was not a si
• Thomas W. Ward & Assoc., Inc. v. Spinks
  574 So. 2d 169· Fla. 4th DCA· 1990-12-28 ·cited 18×
  The appellate court reversed a lower court's order compelling arbitration, holding that the trial court must first determine if the parties intended to be bound by the arbitration clause after their written agreements terminated or were superseded by a new oral agreement.
• Hosp. & Institutional Workers Union Local 250, Seiu, AFL-CIO v. Marshal Hale Mem'l Hosp.
  647 F.2d 38· 9th Cir.· 1981-06-01 ·cited 18×
  The court held that the dispute was within the scope of the arbitration agreement and procedural arbitrability questions should be decided by the arbitrator, not the court.
• Raymond v. Vallery V. Maves and Ethel Pryor Maves
  384 So. 2d 716· Fla. 2d DCA· 1980-06-04 ·cited 18×
  The court held that the trial court erred in refusing to compel arbitration of disputes arising from a brokerage agreement containing an arbitration clause.
• Am. Bell Inc. v. Fed'n of Tel. Workers of Pa.
  736 F.2d 879· 3d Cir.· 1984-06-06 ·cited 17×
  The court held that equity requires treating AT&T and its subsidiaries as a single enterprise in the context of a court-ordered divestiture, thus binding a successor subsidiary to a collective bargaining agreement.
• Balarin v. Allstate Ins. Co.
  481 So. 2d 1263· Fla. 3d DCA· 1986-01-14 ·cited 16×
• Int'l Ass'n OF MacHinists & Aerospace Workers v. Republic Airlines
  761 F.2d 1386· 9th Cir.· 1985-05-24 ·cited 16×
  The court held that the union did not waive its right to compel arbitration and that the district court abused its discretion in conditioning the filing of an amended complaint on the payment of attorney's fees.
• Bio-Analytical Servs., Inc. v. The Edgewater Hosp., Inc.
  565 F.2d 450· 7th Cir.· 1977-10-28 ·cited 16×
  The court held that Dr. Mark was not an indispensable party and that principles of comity did not preclude federal jurisdiction due to a pending state court action.
• Phillip Fredericks & the Monroe Educ. Ass'n v. The Sch. Bd. OF Monroe Cnty.
  307 So. 2d 463· Fla. 3d DCA· 1975-02-04 ·cited 16×
  A teacher and his union sought to compel a school board to proceed to arbitration as the final step of its published five-level grievance procedure. The court held that once a school board adopts a grievance procedure and processes an employee through the first four levels, the e
• The Boeing Co. v. Int'l Ass'n OF MacHinists & Aerospace Workers, AFL-CIO
  504 F.2d 307· 5th Cir.· 1974-11-15 ·cited 16×
  A successor employer is not automatically bound by a predecessor's collective bargaining agreement, and the duty to arbitrate requires substantial continuity in the workforce.
• Se. Title & Ins. Co. v. Curtis
  155 So. 2d 855· Fla. 3d DCA· 1963-08-27 ·cited 16×
  An insurance company appealed the denial of its motion to dismiss a complaint arising from an uninsured motorist insurance policy containing an arbitration clause. The court held it lacked appellate jurisdiction because the lower court order was an interlocutory order denying a m