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
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An insurer's wrongful insistence that arbitration of an uninsured motorist claim take place in a county other than where the insured lives, contrary to the policy language, justifies an award of attorney's fees under Florida Statutes § 627.428.
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996 So. 2d 892·
Fla. 4th DCA·
2008-11-19
·cited 4×
The Fourth District Court of Appeal granted a petition for writ of prohibition, holding that a trial court cannot refer motions to a general magistrate filed by parties who were not part of the original referral order without their consent, and cannot expand a referral to cover n
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970 So. 2d 895·
Fla. 5th DCA·
2007-12-21
·cited 4×
Steritech appeals a trial court's denial of its motion to compel arbitration in a dispute with Cassandra MacKenzie over the valuation of stock shares. The court held that MacKenzie became a party to an arbitration agreement by signing an acknowledgment that explicitly stated she
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934 So. 2d 629·
Fla. 2d DCA·
2006-07-26
·cited 4×
Frontage Road Partners filed a circuit court complaint for specific performance of a real estate sales contract and recorded a lis pendens without simultaneously requesting arbitration, thereby waiving its contractual right to arbitrate the dispute with the seller. The appellate
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Westfield Homes appealed an order compelling arbitration of homeowners' building code violation claims. The court reversed, holding that the Limited Home Warranty's arbitration clause applies only to warranty disputes, and the homeowners' building code claims fall outside the war
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An 83-year-old nursing home resident signed an admission agreement containing an arbitration clause upon arrival. His wife, who signed as attorney-in-fact the next day without reviewing the arbitration provisions, later sued for malpractice after his death. The trial court compel
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852 So. 2d 353·
Fla. 5th DCA·
2003-08-15
·cited 4×
FastFunding appeals a trial court order finding that its deferred presentment transactions constituted usurious loans in violation of Florida law. The appellate court reversed, holding that Chapter 560 of Florida Statutes carved out such transactions from the usury statutes, and
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855 So. 2d 94·
Fla. 2d DCA·
2003-06-13
·cited 4×
The court held that a dispute over access to LLC records is an arbitrable issue under the operating agreement, and the party seeking arbitration did not waive this right.
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145 F. Supp. 2d 1302·
M.D. Fla.·
2001-05-21
·cited 4×
The court held that a genuine issue of material fact exists regarding whether the defendants were 'customers' of Investors Capital Corporation (ICC) at the time of the transactions, precluding summary judgment and entitling the plaintiff to a jury trial on the issue.
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711 So. 2d 1336·
Fla. 3d DCA·
1998-06-10
·cited 4×
Loyola Development challenges orders compelling arbitration of its dispute with Anderson Construction over a luxury resort development project. The court reversed the arbitration orders, finding the contract documents hopelessly ambiguous regarding whether disputes should be arbi
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697 So. 2d 560·
Fla. 3d DCA·
1997-07-09
·cited 4×
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675 So. 2d 673·
Fla. 4th DCA·
1996-06-19
·cited 4×
A homeowner counterclaimed against a contractor alleging breach of a home construction contract. The trial court denied the contractor's motion to compel arbitration on the counterclaim. The appellate court reversed in part, holding that claims arising out of or relating to the c
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Warren Tetzlaff appeals a summary judgment denying his petition to compel arbitration of claims against Raymond James & Associates and Jeffrey P. Wilson arising from a charitable remainder annuity trust investment. The court reverses, holding that arbitrators, not courts, must de
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626 So. 2d 989·
Fla. 3d DCA·
1993-10-19
·cited 4×
Morex Consolidators appealed the denial of its motion to compel arbitration in a dispute with a ship owner over breach of a settlement agreement. The Florida appellate court affirmed, holding that Morex waived its contractual arbitration rights by executing a settlement agreement
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The court held that it lacked appellate jurisdiction to hear the appeal from a partial summary judgment in a consolidated case where there was no Rule 54(b) certification.
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The court held that an employer waived its defense to a back pay award by failing to raise it before the arbitrator, and that the six-month statute of limitations from the NLRA applies to actions to compel arbitration under § 301.
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940 F.2d 99·
4th Cir.·
1991-07-31
·cited 4×
The district court erred by refusing to exercise its independent duty to adjudicate a claim brought under the Federal Arbitration Act (FAA) to compel arbitration, even when a related dispute is pending in state court.
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The court held that the district court erred in dismissing Bear Stearns' petition to compel arbitration in New York City, as the agreement clearly designated New York as the arbitration venue.
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The court held that the district court's stay order, which effectively denied a preliminary injunction, was immediately appealable and that the stay itself was improper as it did not meet the criteria for any established abstention doctrine. The court also found that the district
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752 F. Supp. 427·
M.D. Fla.·
1990-09-06
·cited 4×
The court held that the timeliness of a grievance filed under a collective bargaining agreement is an issue for the arbitrator, not the court, to decide.
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The court held that the policy was 'issued' after the statutory effective date because the policy document itself was not created until after that date, despite earlier coverage under a binder.
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The majority erred in holding that the writ of possession was not appealable, as it was issued post-judgment in a section 4 FAA proceeding.
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The court held that the dispute over whether strike misconduct was violent is arbitrable under the collective bargaining agreement, and the Amnesty Clause does not prevent arbitration of this threshold issue.
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The court held that the question of whether a relocation decision was made during the term of a collective bargaining agreement is an arbitrable issue, even if the claim is raised after the agreement's expiration, unless the contract expressly prohibits it.
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813 F.2d 1532·
9th Cir.·
1987-04-07
·cited 4×
A plaintiff has an absolute right to dismiss an action by filing a notice of dismissal under Rule 41(a)(1)(i) before an answer or motion for summary judgment is filed.
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The court held that disputes concerning the interpretation and application of collective bargaining agreements, even in the context of a merger, are minor disputes under the Railway Labor Act and are arbitrable, not subject to the exclusive jurisdiction of the National Mediation
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American Casualty Company appeals a summary judgment finding uninsured motorist coverage under a policy issued to the vehicle operator and compelling arbitration. The court reverses, holding that a passenger injured in a leased vehicle does not qualify as a 'covered person' under
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The court held that an airline's refusal to arbitrate a flight attendant's grievance regarding a 'no beard' policy was improper, as the dispute falls within the scope of the collective bargaining agreement's arbitration clause.
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468 So. 2d 507·
Fla. 2d DCA·
1985-05-10
·cited 4×
Anderson-Parrish Associates sought to compel arbitration of a third-party complaint filed against it by the City of St. Petersburg Beach, based on an arbitration clause in their architectural services contract. The trial court denied the motion to compel arbitration, but the appe
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The Florida District Court of Appeal reviewed a non-final order disposing of motions to dismiss a third-party complaint. The court vacated the portion of the order that improperly placed the burden of initiating arbitration proceedings on the third-party defendants, holding that
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The court held that the district court erred in finding that the parties did not intend to be bound by an oral agreement, as federal labor law favors collective bargaining agreements and technical rules of contract do not control. The court reversed the denial of arbitration and
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The court held that the district court erred in denying the petition to compel arbitration because the appellant raised a prima facie claim of arbitrability, which should be decided by the arbitrator.
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The court held that an insured injured in a motor vehicle accident may compel arbitration under uninsured/underinsured motorist coverage without first obtaining a judgment or settlement from the alleged tortfeasor's liability insurer. The trial court's policy provision requiring
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The court held that the district court must determine the jurisdictional effect of the appearance made in the Mexican court before ruling on the petition to compel arbitration.
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The court held that the grievance concerning an employee's disability retirement was not arbitrable because the collective bargaining agreement expressly excluded issues related to the employee benefit plans, including retirement, from arbitration.
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299 So. 2d 69·
Fla. 1st DCA·
1974-07-23
·cited 4×
The court held that a non-signatory party is not bound by an arbitration agreement unless they were a party to the agreement or intended to be bound. However, a signatory party is bound by a broad arbitration clause for disputes arising from the agreement.
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A contractor and architect appealed an order compelling arbitration in a construction dispute with a property owner. The court affirmed the trial judge's decision, holding that both parties were contractually bound to arbitrate and that the arbitration clause had not expired by l
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The court held that a suit must be brought within the Miller Act's one-year limitations period, even if arbitration is sought, to preserve claims against sureties.
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The court held that the motion to stay proceedings and compel arbitration was properly denied because the International Union's status as a party bound by the collective bargaining agreement was undecided.
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The arrival of a chartered vessel at the loading wharf is not a condition precedent to the owner's right of arbitration under a government form time charter.
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The court held that the arbitration clause in the collective bargaining agreement was susceptible to an interpretation covering the dispute over whether the employer's suspension of work constituted a lockout, and thus the dispute was arbitrable.
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The court held that federal courts have jurisdiction under Section 301 to enforce arbitration awards, and that a party cannot use its own noncompliance with a contract provision as a defense to avoid an award.
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The court held that the employer could be required to arbitrate the discharge of an employee because the dispute, as framed by the contract's provisions, arose under the collective bargaining agreement.
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The district court reviewed a magistrate judge's report and recommendation on Progressive Casualty Insurance Company's motion to compel arbitration in a dispute with Anthony J. Roberts. The court adopted the magistrate judge's recommendation in full, granted the motion to compel
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400 So. 3d 643·
Fla. 1st DCA·
2024-08-28
·cited 3×
Eglin failed to establish enforceable arbitration agreements with either member. As to Baird, the notice via email hyperlink was insufficient to demonstrate reasonable notice necessary for mutual assent. As to Stokes, although reasonable notice was provided through mailed materia
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394 So. 3d 119·
Fla. 3d DCA·
2024-07-10
·cited 3×
An order denying a motion to compel arbitration is a nonfinal order from which an interlocutory appeal may be taken, but the notice of appeal must be filed within 30 days of rendition, and this deadline is not tolled by a subsequent motion for reconsideration or a "renewed" motio
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312 So. 3d 944·
Fla. 4th DCA·
2021-03-03
·cited 3×
The district court has jurisdiction under Florida Rule of Appellate Procedure 9.130 to review a nonfinal order compelling arbitration that was transferred from circuit court after the January 1, 2021 statutory amendment eliminated circuit court appellate jurisdiction over county
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The trial court lacked jurisdiction to order arbitration because the employee's grievance arguably constituted an unfair labor practice within PERC's exclusive jurisdiction. Additionally, the collective bargaining agreement reserved to the union alone the right to arbitrate contr
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998 F. Supp. 2d 1360·
S.D. Fla.·
2020-02-12
·cited 3×
The court denied defendants' motion to dismiss Calderon's claims and denied their motion to compel arbitration of Marin's claims.