Compel Arbitration

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

• Carrington Place OF ST. Pete, LLC v. The Est. OF Jennie Milo
  19 So. 3d 340· Fla. 2d DCA· 2009-03-25 ·cited 14×
  A nursing home and its management appealed the trial court's denial of their motion to compel arbitration based on an arbitration agreement signed by the deceased resident's attorney-in-fact. The court held that the durable power of attorney did not grant the attorney-in-fact aut
• Paola BRICEÑO v. Sprint Spectrum, L.P.
  911 So. 2d 176· Fla. 3d DCA· 2005-08-31 ·cited 14×
  Paola Briceño appealed a trial court's order compelling arbitration of her privacy and electronic communications claims against Sprint. The court affirmed, holding that Sprint's arbitration clause in its Terms and Conditions was valid and enforceable under Kansas law, as Briceño
• Local 416 v. Helgesteel Corp.
  507 F.2d 1053· 7th Cir.· 1974-12-27 ·cited 14×
  The court held that Article XI of the collective bargaining agreement, not Article X, controlled the jurisdictional dispute, requiring submission to the National Joint Board. Therefore, the district court's judgments were reversed.
• In re Arbitration Between Edward L. Bealmer and Pat Brown v. Texaco
  427 F.2d 885· 9th Cir.· 1970-06-03 ·cited 14×
  The court held that procedural issues regarding arbitrability of a back pay dispute under a collective bargaining agreement are for the arbitrator to decide, not the court.
• Gen. Warehousemen & Emps. Union NO. 636 v. Am. Hardware Supply Co.
  329 F.2d 789· 3d Cir.· 1964-03-25 ·cited 14×
  A court's role is limited to determining if a party has breached its promise to arbitrate, not weighing the merits of the grievance itself.
• Ira Marcus v. Fla. Bagels, LLC
  112 So. 3d 631· Fla. 4th DCA· 2013-04-24 ·cited 13×
  A non-party to an arbitration agreement cannot invoke the doctrine of equitable estoppel to compel arbitration when the parties to the agreement have repudiated it and elected to pursue litigation instead. The court affirmed the denial of Marcus's motion to compel arbitration, ho
• Lepisto v. Senior Lifestyle Newport Ltd. P'ship
  78 So. 3d 89· Fla. 4th DCA· 2012-01-25 ·cited 13×
  The Lepistos appealed a trial court order compelling arbitration of their negligence claim against an assisted living facility. The Fourth District Court of Appeal reversed, holding that Nancy Lepisto, who signed the arbitration agreement only as the 'Financially Responsible Part
• Malone & Hyde, Inc. v. RTC Transp., Inc.
  515 So. 2d 365· Fla. 4th DCA· 1987-11-12 ·cited 13×
  Malone & Hyde appeals an order compelling arbitration arising from a personal injury settlement stipulation. The court reversed, holding that the stipulation lacked sufficiently definite terms regarding arbitration procedures, form, number of arbitrators, and selection method to
• Downing v. Merrill Lynch
  725 F.2d 192· 2d Cir.· 1984-01-09 ·cited 12×
  The court held that the NYSE's rules constitute a binding contract among signatories, including registered representatives, and that the district court has jurisdiction to compel arbitration if Merrill Lynch defaulted on its agreement.
• Auto v. BAY Area Sealers, Inc.
  577 F.2d 609· 9th Cir.· 1978-06-29 ·cited 12×
  The defense of abandonment of a collective bargaining agreement should be decided by an arbitrator, not the district court.
• Newport Motel, Inc. v. Cobin Rest., Inc.
  281 So. 2d 234· Fla. 3d DCA· 1973-06-26 ·cited 12×
  An arbitration award may not be reversed for a mistake of law, and an award of attorney's fees to a prevailing lessee under a lease provision is not an abuse of discretion when supported by testimony regarding the nature and extent of services rendered.
• The Bartke's, Inc. v. Hillsborough Cnty. Aviation Auth.
  217 So. 2d 885· Fla. 2d DCA· 1969-01-24 ·cited 12×
  Bartke's, Inc. operated a restaurant and cocktail lounge at Tampa International Airport under leases dated 1952 and 1962. When the Authority planned to move operations to a new terminal building, it sued for a declaration that Bartke's had no rights to operate there. The court he
• United Ass'n OF Journeymen & Apprentices OF the Plumbing & Pipe Fitting Indus. OF the United States & Canada v. The Honorable Roger D. Foley, Jr.
  380 F.2d 474· 9th Cir.· 1967-06-28 ·cited 12×
  The court held that the district court did not abuse its discretion in staying proceedings pending a National Labor Relations Board decision, as the Board's decision could resolve the core issues.
• Socony Vacuum Tanker Men's Ass'n v. Socony Mobil OIL Co., Inc.
  369 F.2d 480· 2d Cir.· 1966-12-14 ·cited 12×
  The court held that the dispute over employee wages under a collective bargaining agreement was arbitrable, even if the parties could not agree on the specific question to be arbitrated.
• Prima Paint Corp. v. Flood & Conklin MFG. Co.
  360 F.2d 315· 2d Cir.· 1966-05-12 ·cited 12×
  The court held that allegations of fraud in the inducement of a contract are for arbitrators to decide, not the court, when the arbitration clause is separable from the contract and not itself fraudulently induced.
• The Torrington Co., Inc. v. Metal Prods. Workers Union Local 1645
  347 F.2d 93· 2d Cir.· 1965-06-24 ·cited 12×
  The court held that the question of whether parties agreed to arbitrate a dispute is for the court, not an arbitrator, and that summary judgment was inappropriate due to disputed factual issues regarding the existence of such an agreement.
• Eden Owners Ass'n, Inc. v. Eden III, Inc.
  840 So. 2d 419· Fla. 1st DCA· 2003-03-20 ·cited 11×
  The Eden Owners Association appealed a nonfinal order staying civil proceedings and compelling arbitration, arguing the appellees waived their right to arbitrate by engaging in litigation before requesting arbitration. The appellate court affirmed the lower court's decision, hold
• Hawkins v. James D. Eckert, P.A.
  738 So. 2d 1002· Fla. 2d DCA· 1999-07-30 ·cited 11×
  Peggy Hawkins appealed a trial court order compelling binding arbitration of a fee dispute with her former attorneys. The court held that the attorneys waived their right to arbitration by initiating litigation in circuit court, and that filing a counterclaim did not revive that
• Nat'l Iranian OIL Co. v. Ashland OIL, Inc.
  817 F.2d 326· 5th Cir.· 1987-05-21 ·cited 11×
  The court held that it had jurisdiction to review the district court's denial of a motion to compel arbitration and affirmed the denial, finding that the forum selection clause designating Tehran as the seat of arbitration was enforceable and could not be overridden by claims of
• Tashea v. Bache
  802 F.2d 1337· 11th Cir.· 1986-10-21 ·cited 11×
  A civil damage action under RICO, alleging underlying violations of federal securities laws, is not subject to compelled arbitration under a pre-claim agreement.
• Mendez v. Hampton Court Nursing Ctr., LLC
  140 So. 3d 671· Fla. 3d DCA· 2014-06-04 ·cited 10×
  Juan Mendez, Jr. appeals a trial court order compelling arbitration of a negligence claim filed on behalf of his incapacitated father against a nursing home. The Third District affirms, holding that the father was an intended third-party beneficiary of the care agreement containi
• Pub. Health Tr. v. Heriberto Hernandez
  751 So. 2d 124· Fla. 3d DCA· 2000-01-12 ·cited 10×
  Public Health Trust appeals a circuit court order compelling arbitration of a former employee's termination dispute. The court reverses, holding that the employee was contractually obligated to exhaust the four-step grievance procedure outlined in the collective bargaining agreem
• Bobbie Brooks, Inc. v. Int'l Ladies' Garment Workers Union
  835 F.2d 1164· 6th Cir.· 1987-12-29 ·cited 10×
  The dissenting judge argues that a collective bargaining agreement cannot be considered valid and enforceable if substantive terms are left open for future resolution, as this improperly involves judicial compulsion of contract terms.
• Int'l Ass'n OF MacHinists v. Howmet Corp.
  466 F.2d 1249· 9th Cir.· 1972-09-11 ·cited 10×
  The court held that while the grievances were generally arbitrable, compelling arbitration on issues that would require Menasco to violate its collective bargaining agreements with other unions or commit unfair labor practices would foster industrial strife and should not be comp
• H. K. Porter Co., Inc. v. Local 37, United Steelworkers OF Am., AFL-CIO
  400 F.2d 691· 4th Cir.· 1968-09-05 ·cited 10×
  The court held that a collective bargaining agreement's broad arbitration clause, coupled with a no-sue clause, required arbitration of the company's claim for damages resulting from a union-sanctioned strike, and that the district court did not abuse its discretion in quashing a
• Camden Indus. Co., Inc. v. Carpenters Local Union NO. 1688
  353 F.2d 178· 1st Cir.· 1965-12-02 ·cited 10×
  The court held that the dispute should proceed to arbitration, as it could not be determined with certainty that the union's claim would require a change to the agreement, thus falling outside the proviso.
• S. Fireproofing Co. v. R. F. Ball Constr. Co., Inc.
  334 F.2d 122· 8th Cir.· 1964-07-07 ·cited 10×
  A general contractor is not liable to a subcontractor for delay damages caused by subsurface conditions or other factors, absent specific contractual provisions making the contractor responsible for such delays or guaranteeing specific completion dates.
• Publishers' Ass'n OF NEW York City (on behalf of its member v. NEW York Mailers' Union No. SIX
  317 F.2d 624· 2d Cir.· 1963-05-20 ·cited 10×
  A district court order compelling arbitration is affirmed, but an order staying union action is reversed because it violates the Norris-LaGuardia Act.
• Regency Island Dunes, Inc. v. Foley & Assocs. Constr. Co., Inc.
  697 So. 2d 217· Fla. 4th DCA· 1997-07-23 ·cited 9×
  The trial court erred in compelling a parent corporation to arbitrate based on an unsupported alter ego theory without evidence and without providing notice to the nonparty.
• Chicago Ins. Co. v. Tarr
  638 So. 2d 106· Fla. 3d DCA· 1994-05-24 ·cited 9×
  Chicago Insurance Company appealed a summary judgment enforcing an ex parte arbitration award against it in an uninsured motorist claim. The court reversed, holding that ex parte arbitration awards cannot be enforced unless the insurance policy explicitly provides for ex parte ar
• In re The Arb. between Interbras Cayman Co. v. Orient Victory Shipping Co., S.A.
  663 F.2d 4· 2d Cir.· 1981-11-02 ·cited 9×
  The court held that a genuine issue of fact existed regarding whether Orient was a party to the arbitration agreement, requiring a trial under 9 U.S.C. § 4.
• Caltagirone v. The Sch. Bd. OF Hernando Cnty.
  355 So. 2d 873· Fla. 2d DCA· 1978-03-08 ·cited 9×
  The court held that the trial court properly enjoined arbitration pending determination of contract validity, but erred in dismissing the counterclaim for breach of contract damages.
• Midwest Mut. Ins. Co. v. Brasecker
  311 So. 2d 817· Fla. 3d DCA· 1975-04-15 ·cited 9×
  The court held that an insurer's duty to act in good faith in handling claims, which can lead to damages for bad faith, does not apply to uninsured motorist coverage claims.
• Jay Wallshein, M.D. v. Richard G. Shugarman, M.D.
  50 So. 3d 89· Fla. 4th DCA· 2010-12-15 ·cited 8×
  A guarantor who signs an employment agreement containing an arbitration clause is bound by that clause, even if they subjectively did not intend to arbitrate, because the objective language of the agreement compels it.
• Strominger v. AmSOUTH Bank
  991 So. 2d 1030· Fla. 2d DCA· 2008-10-15 ·cited 8×
  Lawrence Strominger sued AmSouth Bank for banking and credit reporting violations, initially in small claims court. AmSouth Bank actively litigated the case for nearly three years without demanding arbitration, then sought to compel arbitration after the case was transferred to c
• Opti, Inc. v. Sales Eng'g Concepts, Inc.
  701 So. 2d 1234· Fla. 4th DCA· 1997-12-03 ·cited 8×
  OPTI, Inc. appealed an order denying its motion to vacate a default judgment in a breach of contract case. The court reversed because the complaint failed to state a cause of action for judicial relief, since the contract explicitly required arbitration as the sole remedy for dis
• Smith Barney Shearson, Inc. v. Berman
  678 So. 2d 376· Fla. 3d DCA· 1996-06-26 ·cited 8×
  Smith Barney Shearson appeals a temporary injunction prohibiting it from proceeding with a New York state court action to stay arbitration. The Florida appellate court reversed the injunction, holding that the party seeking to compel arbitration lacked a viable cause of action be
• Feather Sound Country Club, Inc. v. Barber
  567 So. 2d 10· Fla. 2d DCA· 1990-08-17 ·cited 8×
  Feather Sound Country Club appeals the trial court's denial of its motion to compel arbitration in a breach of contract action. The appellate court reverses, holding that disputes arising from an allegedly breached contract containing an arbitration clause must be submitted to ar
• NPS Commc'ns, Inc. v. The Cont'l Grp., Inc.
  760 F.2d 463· 2d Cir.· 1985-04-29 ·cited 8×
  The court held that the district court correctly compelled arbitration of contract claims and stayed the antitrust action, as mandated by the Arbitration Act and Supreme Court precedent.
• United Steelworkers OF Am., AFL-CIO v. Bell Foundry Co.
  626 F.2d 139· 9th Cir.· 1980-08-25 ·cited 8×
  The court held that a clarification of an offer, which did not substantively change its terms, did not operate as a revocation, and that discharges are effective upon receipt of notice, not mailing.
• Int'l Longshoremen's Ass'n, AFL-CIO v. NEW York Shipping Ass'n, Inc.
  403 F.2d 807· 2d Cir.· 1968-11-18 ·cited 8×
  The court held that the district court erred in deciding the merits of arbitrability rather than compelling arbitration of the dispute over medical fund income levels.
• Indep. Petroleum Workers OF Am., Inc. v. Standard OIL Co.
  275 F.2d 706· 7th Cir.· 1960-03-02 ·cited 8×
• Thierry Albert Thenet v. Jenne
  968 So. 2d 46· Fla. 4th DCA· 2007-09-05 ·cited 7×
  The court reversed the circuit court's dismissal of an arbitration demand on timeliness grounds, holding that questions of timeliness in arbitration are for the arbitrator to decide, not the trial court.
• Delisfort v. Progressive Express Ins. Co.
  785 So. 2d 734· Fla. 4th DCA· 2001-05-30 ·cited 7×
  An insured challenged her insurance company's deduction of a "betterment" amount from her property damage claim, asserting the company lacked contractual authority to make the deduction. The court reversed an order compelling appraisal, holding that policy coverage and constructi
• The Est. OF Nettie Irons v. Arcadia Healthcare, L.C.
  66 So. 3d 396· Fla. 2d DCA· 2011-08-03 ·cited 6×
  The Estate of Nettie Irons appeals an order compelling arbitration of wrongful death and nursing home claims based on an arbitration clause in an admission agreement signed by Mrs. Irons' daughter as her health care surrogate under a Health Care Power of Attorney. The court rever
• Franks v. Gary John Bowers, M.D.
  62 So. 3d 16· Fla. 1st DCA· 2011-03-16 ·cited 6×
  The Florida First District Court of Appeal affirmed a circuit court's order compelling arbitration of a wrongful death and medical negligence claim pursuant to a mandatory arbitration clause in a doctor-patient financial agreement. The appellant challenged the arbitration agreeme
• John Sitarik, M.D. v. JFK Med. Ctr. Ltd. P'ships ("JFK")
  11 So. 3d 973· Fla. 4th DCA· 2009-05-06 ·cited 6×
  Dr. John Sitarik appealed an order compelling him to arbitrate his claims against Sheridan Healthcorp. The court reversed, holding that Sheridan waived its right to arbitrate by actively participating in the litigation without making any demand for arbitration.
• Jonathan M. Frantz, M.D., P.A. v. Shedden
  974 So. 2d 1193· Fla. 2d DCA· 2008-02-22 ·cited 6×
  A medical malpractice plaintiff challenges an arbitration agreement he signed before elective eye surgery. The court reversed the trial court's denial of the motion to compel arbitration, holding that the arbitration agreement was neither procedurally nor substantively unconscion
• Phillips v. Gen. Accident Ins. Co. of Am.
  685 So. 2d 27· Fla. 3d DCA· 1996-11-27 ·cited 6×
  The court held that the homeowner did not waive his right to arbitration by engaging in discovery aimed at compelling arbitration.
• Hymowitz v. Drath
  567 So. 2d 540· Fla. 4th DCA· 1990-10-03 ·cited 6×
  The arbitrators exceeded their statutory powers by cancelling promissory notes, which amounted to rescission of the underlying contract, and the trial court erred in confirming the award.