Motion To Compel Arbitration

597 Florida cases classified under this topic, plus 344 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Raymond James Fin. Servs., Inc. v. Saldukas
  896 So. 2d 707· Fla.· 2005-02-24 ·cited 175×
  The Florida Supreme Court resolved a conflict among district courts regarding whether proof of prejudice is required to establish waiver of the right to arbitrate. The Court held that no prejudice showing is required; a party waives its arbitration right through conduct inconsist
• Powertel, Inc. v. Bexley
  743 So. 2d 570· Fla. 1st DCA· 1999-09-01 ·cited 138×
  Powertel appealed a trial court order denying its motion to compel arbitration of a consumer class action lawsuit. The Florida appellate court held that the arbitration clause unilaterally inserted into the customer's agreement was both procedurally and substantively unconscionab
• Gainesville Health Care Ctr., Inc. v. Weston
  857 So. 2d 278· Fla. 1st DCA· 2003-09-18 ·cited 127×
  This case addresses the enforceability of an arbitration provision in a nursing home admission contract executed by a patient's daughter pursuant to power of attorney. The trial court held the arbitration provision unconscionable, but the appellate court reversed, finding no proc
• Shotts v. OP Winter Haven, Inc.
  86 So. 3d 456· Fla.· 2011-11-23 ·cited 109×
  The Florida Supreme Court held that nursing home arbitration agreements containing limitations of remedies provisions that directly undermine statutory protections for elderly residents violate public policy and are unenforceable. The court also established that trial courts, not
• Betzaida Fonte v. AT&T Wireless Servs., Inc.
  903 So. 2d 1019· Fla. 4th DCA· 2005-06-15 ·cited 92×·via Compel Arbitration
  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
• Univ. Life Ins. Co. OF Am. v. Unimarc Ltd.
  699 F.2d 846· 7th Cir.· 1983-01-12 ·cited 89×·via Petition To Compel Arbitration
  An order compelling arbitration is appealable under 28 U.S.C. § 1291 even if the district court retains jurisdiction for supervision and enforcement, and such an order should not be stayed due to frivolous or insubstantial antitrust allegations.
• VIC Potamkin Chevrolet, Inc. v. Bloom
  386 So. 2d 286· Fla. 3d DCA· 1980-07-15 ·cited 87×
  Vic Potamkin Chevrolet and its agents appealed an order denying their motion to compel arbitration of a fraud and deceit claim arising from a vehicle purchase. The court held that the broad arbitration clause in the purchase agreement encompassed the fraud claim and that the part
• Local 205 v. Gen. Elec. Co. (Telechron Dep't
  233 F.2d 85· 1st Cir.· 1956-04-25 ·cited 79×·via Compel Arbitration
  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.
• Farr & Co. v. CIA. Intercontinental de Navegacion de Cuba
  243 F.2d 342· 2d Cir.· 1957-02-04 ·cited 74×·via Petition To Compel Arbitration
  An order directing arbitration under section 4 of the U.S. Arbitration Act, when issued in an independent proceeding, is a final and appealable order. Service by mail is permissible under the Act as amended, incorporating state service rules, and constitutes valid personal jurisd
• Blankfeld v. Richmond Health Care, Inc.
  902 So. 2d 296· Fla. 4th DCA· 2005-05-25 ·cited 73×
  The Florida Fourth District Court of Appeal reversed a trial court's order compelling arbitration of a nursing home resident's claims, holding that an arbitration clause requiring disputes be resolved under National Health Lawyers Association rules was void as contrary to public
• Necchi S.p.A. v. Necchi Sewing Mach. Sales Corp.
  348 F.2d 693· 2d Cir.· 1965-07-15 ·cited 72×·via Petition To Compel Arbitration
  A court must determine the arbitrability of disputes before ordering arbitration, and not all disputes listed by a party are necessarily arbitrable under a broad arbitration clause.
• Chatham Shipping Co. v. Fertex S.S. Corp.
  352 F.2d 291· 2d Cir.· 1965-10-19 ·cited 68×·via Petition To Compel Arbitration
  An order directing arbitration under the Federal Arbitration Act, when issued in an independent proceeding, is a final and appealable decision.
• Romano v. Manor Care, Inc.
  861 So. 2d 59· Fla. 4th DCA· 2003-10-01 ·cited 65×
  The court held that a nursing home arbitration agreement signed by a resident's husband was unenforceable because it contained provisions that defeated the remedial purposes of Florida's Nursing Home Resident's Rights Act by prohibiting awards of punitive damages and attorney's f
• Rochdale Vill., Inc. v. Pub. Serv. Emps. Union
  605 F.2d 1290· 2d Cir.· 1979-09-24 ·cited 65×·via Compel Arbitration
  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
• Bland v. Health Care & Ret. Corp. OF Am.
  927 So. 2d 252· Fla. 2d DCA· 2006-05-10 ·cited 64×
  Frances Bland, through her daughter Sharon Coker, challenges an arbitration and limitation of liability agreement signed upon admission to a nursing home. The trial court granted the nursing home's motion to compel arbitration, and the appellate court affirmed, holding the agreem
• 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×·via Compel Arbitration
  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
• In re Carey v. Gen. Elec. Co.
  315 F.2d 499· 2d Cir.· 1963-03-11 ·cited 64×·via Petition To Compel Arbitration
  The court held that procedural arbitrability issues are for the arbitrator, and that limitations on an arbitrator's authority do not divest them of jurisdiction over grievances involving interpretation or application of the agreement. The court also held that claims arguably cons
• Post Tensioned Eng'g Corp. & Commercial Constr. Corp. v. Fairways Plaza Assocs.
  412 So. 2d 871· Fla. 3d DCA· 1982-03-09 ·cited 62×
  The Florida District Court of Appeal upheld the enforceability of an arbitration clause in a construction contract, holding that a party cannot avoid arbitration by suing both the contracting party and non-contracting third parties in court. The court rejected multiple defenses a
• Merrill Lynch Pierce Fenner & Smith, Inc. v. Melamed
  425 So. 2d 127· Fla. 4th DCA· 1982-12-29 ·cited 59×
  The trial court erred by failing to conduct an evidentiary hearing when a dispute existed regarding the making of the arbitration agreement.
• Arrieta v. Volkswagen Ins. Co. & Protective Nat'l Ins. Co.
  343 So. 2d 918· Fla. 3d DCA· 1977-03-15 ·cited 58×·via Compel Arbitration
  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.
• Victory Transp. Inc. v. Comisaria General de Abastecimientos y Transportes
  336 F.2d 354· 2d Cir.· 1964-09-09 ·cited 57×·via Petition To Compel Arbitration
  The court held that a foreign sovereign's commercial activities, including chartering a ship and agreeing to arbitration, are not protected by sovereign immunity, and that the court has in personam jurisdiction to compel arbitration.
• BDO Seidman, LLP v. BEE
  970 So. 2d 869· Fla. 4th DCA· 2007-12-05 ·cited 53×
  BDO Seidman appeals the trial court's denial of its motion to compel arbitration of a partnership dispute. The court held that Bee was bound by the arbitration agreement in the Amended Partnership Agreement despite not signing it, based on equitable estoppel, and that the arbitra
• Sims v. Clarendon Nat'l Ins.
  336 F. Supp. 2d 1311· S.D. Fla.· 2004-09-22 ·cited 52×
  The court held that the Federal Arbitration Act governs the insurance policy's arbitration clause, preempting contrary Florida law, and that the plaintiff failed to demonstrate the arbitration agreement was unconscionable.
• Nat'l Auto Lenders, Inc. v. Syslocate, Inc.
  686 F. Supp. 2d 1318· S.D. Fla.· 2010-02-10 ·cited 51×
  The court held that the May Agreements' forum selection and arbitration clauses were not enforceable against the plaintiff because the employees who accepted them lacked actual or apparent authority, and the plaintiff did not ratify the agreements.
• Am. Reliance Ins. Co. v. The Vill. Homes AT Country Walk
  632 So. 2d 106· Fla. 3d DCA· 1994-02-08 ·cited 51×
  American Reliance Insurance Company appealed a trial court order denying its motion to compel arbitration of a hurricane damage insurance claim. The Third District Court of Appeal held that the insurance policy's appraisal clause was not an enforceable arbitration agreement becau
• McALLISTER Bros., Inc. v. A & S Transp. Co. & Modern Transp. Co.
  621 F.2d 519· 2d Cir.· 1980-05-02 ·cited 51×·via Petition To Compel Arbitration
  The court held that a dispute over whether a contract was abandoned is arbitrable if the arbitration clause is broad enough to cover it. It also held that affiliated companies not signatories to an arbitration agreement may be bound by it, requiring a trial on the issue.
• Mike Bradford & Co., Inc. v. Gulf States Steel Co., Inc.
  184 So. 2d 911· Fla. 3d DCA· 1966-04-05 ·cited 51×·via Compel Arbitration
  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
• Interocean Shipping Co. v. Nat'l Shipping & Trading Corp. & Hellenic Int'l Shipping, S.A.
  462 F.2d 673· 2d Cir.· 1972-06-23 ·cited 50×·via Petition To Compel Arbitration
  The court held that the district court erred in compelling arbitration without a trial because the appellants raised sufficient factual issues regarding the making of the arbitration agreement, including the existence of the charter party, the authority of the brokers, and the st
• 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
• Merrill v. Lelia C. Benton
  467 So. 2d 311· Fla. 5th DCA· 1985-01-17 ·cited 47×
  A party who voluntarily executes a contract knowing it establishes contractual relations but without reading it is bound by its terms in the absence of coercion, duress, fraud, or other grounds justifying rescission. One unable to read English is bound by contract terms signed wi
• Stock W., Inc. v. Confederated Tribes OF THE Colville Reservation
  873 F.2d 1221· 9th Cir.· 1989-04-20 ·cited 46×·via Compel Arbitration
  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.
• Application of Conticommodity Servs. Inc.
  613 F.2d 1222· 2d Cir.· 1980-01-15 ·cited 46×
  The court held that the timeliness of a demand for arbitration, including time-bar defenses, is an issue for the arbitrator to decide, not the court, unless the arbitration agreement expressly reserves such questions for judicial determination.
• Thrasher v. Quikaid, Inc.
  M.D. Fla.· 2025-10-24 ·cited 45×
  The court granted the defendant's motion to stay discovery pending resolution of its motion to compel arbitration or dismiss.
• Merrill Lynch v. Melamed
  453 So. 2d 858· Fla. 4th DCA· 1984-07-13 ·cited 45×
  Merrill Lynch and employee Brian Sheen sought to compel arbitration of claims arising from a cash management account agreement with Helen Melamed. The court held that the Federal Arbitration Act preempts conflicting state law provisions and requires arbitration of fraud, punitive
• In re Mercury Constr. Corp. v. The Moses H. Cone Mem'l Hosp.
  656 F.2d 933· 4th Cir.· 1981-08-12 ·cited 45×·via Petition To Compel Arbitration
  The dissenting judges would hold that the district court did not abuse its discretion by awaiting action from the state court.
• Urs Koechli v. BIP Int'l, Inc.
  870 So. 2d 940· Fla. 1st DCA· 2004-04-26 ·cited 44×
  Non-signatory agents and officers of a contracting party may compel arbitration under the signatory's arbitration agreement when they acted as representatives of the signatory in performing the contract and the claims against them arise from that representative capacity. The cour
• Reconstr. Fin. Corp. v. Harrisons & Crosfield
  204 F.2d 366· 2d Cir.· 1953-05-08 ·cited 44×·via Petition To Compel Arbitration
  The court held that the statute of limitations had not barred the arbitration because the cause of action for breach of the arbitration obligation accrues when arbitration is demanded and refused, not when the underlying breach occurred.
• United Food & Commercial Workers Union v. Alpha Beta Co.
  736 F.2d 1371· 9th Cir.· 1984-07-10 ·cited 43×·via Petition To Compel Arbitration
  The court held that the disputed contract provision is susceptible to a lawful interpretation by an arbitrator, and therefore the employer must arbitrate the dispute. The court also affirmed the district court's denial of the employer's motions to dismiss.
• Gessa v. Manor Care OF Fla., Inc.
  86 So. 3d 484· Fla.· 2011-11-23 ·cited 42×
  Angela Gessa challenged a nursing home arbitration agreement that capped noneconomic damages at $250,000 and waived punitive damages. The Florida Supreme Court held that these limitation of liability provisions violate public policy under the Nursing Home Residents Act, are not s
• Int'l Ass'n OF MacHinists & Aerospace Workers, AFL-CIO v. Aloha Airlines, Inc.
  776 F.2d 812· 9th Cir.· 1985-11-13 ·cited 42×
  The court held that the denial of a motion to compel arbitration is an appealable interlocutory order under 28 U.S.C. § 1292(a)(1) and that the dispute at issue was a 'major dispute' under the Railway Labor Act, not subject to arbitration.
• In re the Arb. Between Mar. Int'l Nominees Establishment v. The Republic OF Guinea
  693 F.2d 1094· D.C. Cir.· 1982-11-12 ·cited 41×·via Petition To Compel Arbitration
  The court held that an agreement to arbitrate under the ICSID framework does not constitute an implied waiver of sovereign immunity under the Foreign Sovereign Immunities Act (FSIA) because ICSID arbitration is designed to avoid domestic court involvement.
• Consol. Res. Healthcare Fund I, Ltd. v. Fenelus
  853 So. 2d 500· Fla. 4th DCA· 2003-07-30 ·cited 40×
  A nursing home sought to compel arbitration of a wrongful death claim based on an admission agreement signed by the decedent's son as health care surrogate. The trial court denied the motion, finding the agreement invalid because the nursing home representative signed as a witnes
• N. Am. van Lines v. Collyer
  616 So. 2d 177· Fla. 5th DCA· 1993-04-02 ·cited 40×·via Compel Arbitration
  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
• Breckenridge v. Farber
  640 So. 2d 208· Fla. 4th DCA· 1994-08-03 ·cited 39×
  An investor sued her stockbroker for negligence and securities law violations. After actively litigating for two and a half years, the broker belatedly moved to compel arbitration based on an arbitration clause in the account documents. The court reversed, finding the broker waiv
• Intracoastal Ventures Corp. v. Safeco Ins. Co. of Am.
  540 So. 2d 162· Fla. 4th DCA· 1989-03-15 ·cited 39×·via Compel Arbitration
  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
• In re the Complaint of Sedco, Inc. v. Petroleos Mexicanos Mexican Nat'l OIL Co.
  767 F.2d 1140· 5th Cir.· 1985-08-12 ·cited 39×·via Petition To Compel Arbitration
  The court held that an appeal from an order denying arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards is appealable, and that the defendant did not waive its right to arbitration.
• In re Pahlberg Petition
  131 F.2d 968· 2d Cir.· 1942-12-07 ·cited 39×·via Petition To Compel Arbitration
  The court held that an order compelling arbitration under Section 4 of the U.S. Arbitration Act is interlocutory and therefore not appealable.
• 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×·via Compel Arbitration
  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
• Commercial Metals Co. v. Balfour
  577 F.2d 264· 5th Cir.· 1978-07-27 ·cited 38×·via Petition To Compel Arbitration
  The court held that a suit to compel arbitration, based on a contractual agreement, does not arise under federal law and thus does not establish federal question jurisdiction, even if the Federal Arbitration Act removes defenses to enforcement.