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

• The Est. of Phyllis A. Ramsey v. Northport Health Servs. of Fla., LLC
  257 So. 3d 1228· Fla. 5th DCA· 2018-11-30 ·cited 3×
  An arbitration agreement in a nursing home admission agreement is enforceable, but a provision applying Alabama Rules of Evidence to the arbitration hearing is unenforceable and severable.
• Coventry Health Care of Florida v. Crosswinds Rehab
  259 So. 3d 306· Fla. 3d DCA· 2018-11-28 ·cited 3×
  A valid arbitration agreement does not exist between Coventry and 206 Golden, as 206 Golden was not a party to the agreement signed by the prior facility operator and the agreement lacked a successors and assigns provision binding successor facility operators. Accordingly, the tr
• Herrera Cedeno v. Morgan Stanley Smith Barney, LLC
  2016 U.S. Dist. LEXIS 2642· S.D. Fla.· 2016-01-06 ·cited 3×
  The court held that the plaintiff's claims were subject to arbitration because he signed an agreement containing a valid and enforceable pre-dispute arbitration clause, and his allegations fell within the scope of that clause.
• The Residences AT the Bath Club v. Bath Club Ent., LLC
  166 So. 3d 910· Fla. 3d DCA· 2015-06-17 ·cited 3×
  The Residences at the Bath Club associations appealed a trial court order that denied their motion to enforce an arbitration award and compelled arbitration of certain claims. The appellate court reversed in part and affirmed in part, holding that the indoor dining claim was prop
• Gren v. Gren
  133 So. 3d 1066· Fla. 4th DCA· 2014-01-08 ·cited 3×
  The trial court erred in dismissing the ex-wife's petition with prejudice because the timeliness of initiating arbitration is a factual issue for the arbitrator, not the trial court, to decide after arbitration has been compelled.
• Sarasota Facility Operations, LLC v. Manning
  112 So. 3d 712· Fla. 2d DCA· 2013-05-08 ·cited 3×
  A nursing home and its license holder appealed a circuit court's denial of their motion to compel arbitration of a negligence claim brought by the grandson (as power-of-attorney) of an injured resident. The court reversed, holding that the unavailability of the designated arbitra
• Mukamal v. Bakes
  383 B.R. 798· S.D. Fla.· 2007-11-05 ·cited 3×
  The court held that the plaintiff, as a trustee, lacked standing to pursue claims on behalf of creditors against third parties like Ernst & Young and the Wellspring Defendants, as these claims were not directly assigned to the trust under the plan.
• Hubbard Constr. Co. v. Jacobs Civil, Inc.
  969 So. 2d 1069· Fla. 5th DCA· 2007-10-12 ·cited 3×
  Hubbard Construction Company appeals a trial court order compelling arbitration with Jacobs Civil, Inc. The court reverses, holding that JCI failed to comply with the 20-day deadline in paragraph 16(b) of the arbitration agreement to demand arbitration following HCC's final decis
• Mony Sec. Corp. v. Vasquez
  238 F. Supp. 2d 1304· M.D. Fla.· 2002-08-13 ·cited 3×
  The court held that a preliminary injunction should be granted because the defendants were not customers of the plaintiff under NASD rules, thus no agreement to arbitrate existed. Compelling arbitration without an agreement constitutes irreparable harm.
• Boone v. Etkin
  771 So. 2d 559· Fla. 4th DCA· 2000-09-20 ·cited 3×
  Boone, a 28-year-old employee, sued her 73-year-old employer Etkin and his company ME Productions for sexual harassment, battery, and invasion of privacy. The trial court granted a motion to compel arbitration based on an arbitration clause in the employment agreement, but the Fo
• Tools v. Int'l Tool Supply
  984 F.2d 113· 4th Cir.· 1993-01-14 ·cited 3×
  The court held that the district court correctly determined that the dispute over the duration of the option agreement was for the court, not an arbitrator, to decide, and that it did not abuse its discretion in denying interim injunctive relief.
• Luckie v. Smith Barney
  766 F. Supp. 1116· M.D. Fla.· 1991-06-07 ·cited 3×
  The court held that the parties' written agreements to arbitrate before specific exchanges preempted the customer's right to elect AAA arbitration under the AMEX constitution, and therefore denied the motion to compel arbitration and granted the motion to dismiss.
• In re the Arb. between Tehran-Berkeley Civil & Env't Eng'rs
  888 F.2d 239· 2d Cir.· 1989-10-20 ·cited 3×·via Petition To Compel Arbitration
  The court held that the district court correctly determined that TAMS and AFFA executed the contract as joint obligors on behalf of the TAMS-AFFA joint venture, thus establishing the making of an arbitration agreement and compelling arbitration.
• Arbitration Between Merrill Lynch v. Haydu
  482 F. Supp. 788· S.D. Fla.· 1980-01-11 ·cited 3×·via Petition To Compel Arbitration
  The court held that a federal court may enjoin state court proceedings to protect and effectuate its prior judgment compelling arbitration, even when that judgment is pending appeal, provided traditional equitable prerequisites are met.
• THE United Eng'g & Foundry Emps. Ass'n Indep. Union v. United Eng'g & Foundry Co.
  389 F.2d 479· 3d Cir.· 1967-12-19 ·cited 3×·via Compel Arbitration
  The court held that the grievance concerning an alleged oral agreement for a wage increase is within the purview of the arbitration clause of the collective bargaining agreement.
• Fla. Roads Trucking, LLC v. Zion Jacksonville, LLC
  384 So. 3d 817· Fla. 5th DCA· 2024-04-12 ·cited 2×
  The Florida District Court of Appeal affirmed the trial court's denial of non-signatory trucking companies' motion to compel arbitration under an arbitration clause in a contract between their contractor and the property owner. Although equitable estoppel can allow non-signatorie
• Seduction Cosm. Ctr. Corp. v. VON Dunbar
  389 So. 3d 606· Fla. 3d DCA· 2023-10-18 ·cited 2×
  When the facts relating to the elements required to determine a motion to compel arbitration are disputed, the trial court must hold an evidentiary hearing to resolve the dispute.
• Tribeca Asset Mgmt., Inc. v. Ancla Int'l, S.A.
  336 So. 3d 246· Fla.· 2022-03-24 ·cited 2×·via Petition To Compel Arbitration
  Tribeca Asset Management, Inc. sought review of a Third District Court of Appeal decision that had found personal jurisdiction over Tribeca based on a contract provision. The Florida Supreme Court held that the disputed contract provision was a choice of law clause rather than a
• THE Est. of Grace Quinn v. Ccrc Opco Freedom Square LLC
  320 So. 3d 300· Fla. 2d DCA· 2021-05-05 ·cited 2×
  The Estate of Grace Quinn sought review of an order compelling arbitration, arguing the trial court improperly rewrote the parties' agreement. While the appellate court agreed the trial court erred, it dismissed the petition because the Estate failed to demonstrate irreparable ha
• Pezeshkan v. Manhattan Constr. Fla. Inc.
  313 So. 3d 948· Fla. 2d DCA· 2021-03-26 ·cited 2×
  The appellate court reversed a lower court's order compelling arbitration, finding that the appellant had not agreed to arbitrate with the companies seeking arbitration and that the disputes were not arbitrable. The court emphasized that arbitration is a matter of contract and re
• Black Knight Servicing Techs., LLC v. PennyMac Loan Servs., LLC
  310 So. 3d 1116· Fla. 1st DCA· 2021-01-06 ·cited 2×·via Compel Arbitration
  The appellate court affirmed a trial court's order compelling arbitration. Black Knight argued PennyMac waived its right to arbitration by filing a separate lawsuit, but the court found no evidence of intent to relinquish the arbitration right, and any doubts were resolved in fav
• Harvey v. Lifespace Cmtys., Inc.
  306 So. 3d 1248· Fla. 5th DCA· 2020-11-05 ·cited 2×
  The Florida Fifth District Court of Appeal reversed a trial court's order compelling arbitration of a breach of contract claim. The court held that an arbitration clause in a 1993 contract cannot be extended to a separate 2018 contract unless the parties expressly agree to incorp
• Mark Odum de son tort of the Estate of Joseph Norton v. LP Graceville, LLC
  277 So. 3d 194· Fla. 1st DCA· 2019-07-09 ·cited 2×
  A delegation clause in an arbitration agreement cannot delegate to an arbitrator the determination of whether the parties actually entered into an agreement; however, the trial court properly compelled arbitration where the agreement explicitly covered affiliates and the appellan
• Sky Zone LLC v. Weekly
  259 So. 3d 890· Fla. 4th DCA· 2018-12-19 ·cited 2×
  In a personal injury action, defendants appealed a circuit court's non-final order denying their motion to compel arbitration and stay litigation. The appellate court reversed and remanded because the trial court's order lacked findings of fact, conclusions of law, or any stated
• Lucky Star Horses, Inc. v. Diamond State Ins. Co.
  233 So. 3d 1159· Fla. 3d DCA· 2017-11-01 ·cited 2×
  Lucky Star Horses and Marlen Fundora appealed a trial court order staying circuit court proceedings and compelling arbitration of an insurance dispute over the value of a deceased Paso Fino horse under an equine mortality policy. The appellate court affirmed, finding that Diamond
• Daniel S. Newman FOR Founding P'rs Stable Value Fund, LP v. Ernst & Young, LLP
  231 So. 3d 464· Fla. 4th DCA· 2017-10-11 ·cited 2×
  The Fourth District Court of Appeal addressed whether claims assigned to a court-appointed receiver by individual investors in failed investment funds were subject to arbitration agreements signed only by the funds themselves. The court held that while derivative claims are subje
• DEA v. PH Fort Myers, LLC
  208 So. 3d 1204· Fla. 2d DCA· 2017-01-13 ·cited 2×
  The Estate of Caroline Dea appealed an order compelling arbitration of claims against Lamplight of Fort Myers. The court reversed, holding that Lamplight, as a successor-in-interest to the original facility, could not enforce an arbitration agreement to which it was not a party a
• COX v. Vill. OF Tequesta
  185 So. 3d 601· Fla. 4th DCA· 2016-02-03 ·cited 2×
  The court reversed a trial court's denial of a motion to compel arbitration, holding that questions of timeliness and procedural prerequisites to arbitration in a collective bargaining agreement are matters for an arbitrator, not a trial court. Cox, a terminated employee, sought
• Est. OF Genevieve A. Williams v. Kevin F. Jursinski, P.A.
  160 So. 3d 500· Fla. 2d DCA· 2015-03-20 ·cited 2×
  A voluntary dismissal of an action terminates the trial court's jurisdiction over the dismissed party, even if a motion to compel arbitration was pending.
• Club Mediterranee, S.A. v. Fitzpatrick
  162 So. 3d 251· Fla. 3d DCA· 2015-02-25 ·cited 2×
  Club Med appealed a trial court's denial of its motion to compel arbitration and dismiss on forum non conveniens grounds in a premises liability case filed by an employee assaulted in her employer-provided dormitory room in the Bahamas. The court affirmed the denial of the arbitr
• Andre Franklin, Inc. v. Herb WAX and Jill Wax
  150 So. 3d 815· Fla. 2d DCA· 2014-10-08 ·cited 2×
  A party does not waive its contractual right to arbitration by filing a counterclaim simultaneously with a motion to compel arbitration, absent further action inconsistent with arbitration.
• KPMG LLP v. Cocchi
  88 So. 3d 327· Fla. 4th DCA· 2012-05-02 ·cited 2×
  KPMG appealed a denial of its motion to compel arbitration of claims brought by limited partners who lost investments in Madoff-related funds. After the U.S. Supreme Court vacated the court's prior opinion for failing to address all claims, the court reconsidered and held that tw
• Hopewell, LLC v. Alarion Bank
  84 So. 3d 1073· Fla. 1st DCA· 2012-02-09 ·cited 2×
  Appellants sought immediate review of an order denying their motion to dismiss, arguing it determined their entitlement to arbitration. The court dismissed the appeal for lack of jurisdiction, holding that the trial court's order did not actually determine the arbitration issue b
• Robertson Grp., P.A. v. Robertson
  67 So. 3d 1112· Fla. 1st DCA· 2011-07-18 ·cited 2×
  A member's claim for repayment of a loan to the LLC is subject to the arbitration clause in the operating agreement, even if the member is also a creditor.
• Johnson v. Forier
  19 So. 3d 452· Fla. 2d DCA· 2009-10-28 ·cited 2×
  Johnson Pope appeals the denial of their motion to compel arbitration. The circuit court refused to order arbitration, citing disputed factual issues about whether an arbitration agreement was properly formed. The appellate court reversed, holding that when disputed facts exist r
• Greenberg v. Sellers
  2 So. 3d 381· Fla. 4th DCA· 2008-12-24 ·cited 2×
  Plaintiffs appealed an order compelling arbitration of all claims arising from a business dispute. The court reversed in part, holding that a claim for equitable accounting relief was expressly excepted from the arbitration provision and must proceed in court, while affirming tha
• City of Jacksonville v. Cowen
  973 So. 2d 503· Fla. 1st DCA· 2007-12-17 ·cited 2×·via Petition To Compel Arbitration
  A police officer dismissed by Jacksonville Sheriff's Office sought arbitration under a collective bargaining agreement. The City argued he waived arbitration by appealing his initial suspension to the Civil Service Board. The court held that because the officer never actively pur
• Xerox Corp. & Ricardo Vescovacci v. Smartech Document Mgmt., Inc.
  979 So. 2d 957· Fla. 3d DCA· 2007-11-28 ·cited 2×
  Xerox and a company president appeal an order denying their motion to compel arbitration of defamation and tortious interference claims brought by their former authorized sales agent. The court reversed, holding that the broad arbitration clause covers the dispute and that thresh
• Alfred O. Bonati, M.D. v. William and Gloria Clark
  975 So. 2d 440· Fla. 2d DCA· 2007-03-23 ·cited 2×
  The court reversed a trial court's denial of a motion to compel arbitration, holding that defendants did not waive their arbitration rights by filing an answer requesting a jury trial when they simultaneously asserted the arbitration agreement as their first affirmative defense.
• Freedom Life Ins. Co. of Am. v. Wallant
  953 So. 2d 16· Fla. 4th DCA· 2007-02-28 ·cited 2×
  The court held that a party cannot file successive motions to compel arbitration after an initial denial and failure to timely appeal that denial.
• Silverman Wender Koonin Epstein Garcia & Rosencwaig, P.A. v. Jay J. Dennis, M.D.
  937 So. 2d 1221· Fla. 3d DCA· 2006-09-20 ·cited 2×
  A medical practice appeals a trial court's denial of its motion to compel arbitration of claims by a former employee-physician. The court affirmed, holding that an expired employment contract's arbitration clause no longer binds the parties where the employee continued working on
• Drew Rosenhaus v. Star Sports, Inc.
  929 So. 2d 40· Fla. 3d DCA· 2006-04-26 ·cited 2×·via Compel Arbitration
  Drew and Jason Rosenhaus and their company appealed the denial of their motion to compel arbitration in a tortious interference case brought by Star Sports. The court held that disputes between contract advisors regarding interference with marketing agreements fall within the sco
• Caldwell v. Jacques R. Caldwell
  915 So. 2d 728· Fla. 5th DCA· 2005-12-02 ·cited 2×·via Compel Arbitration
  Karen Caldwell appeals an order compelling arbitration of marital property division issues under an antenuptial agreement. The court affirmed, holding that Jacques Caldwell did not waive his right to arbitration by failing to demand it before the validity of the antenuptial agree
• Rewards Hotel Mgmt. Co., LLC. v. Elite Gen. Contractors, Inc.
  860 So. 2d 1011· Fla. 3d DCA· 2003-12-03 ·cited 2×
  The court held that under the Federal Arbitration Act, the arbitrators, not the court, must determine whether the contract is enforceable under section 489.128, Florida Statutes.
• Northport Health Servs. v. Est. OF Vervil M. Raidoja
  851 So. 2d 234· Fla. 5th DCA· 2003-07-25 ·cited 2×
  A Florida court affirmed the denial of a nursing home's motion to compel arbitration of a wrongful death claim, holding that an arbitration clause requiring arbitration in Alabama was unenforceable under Florida law because arbitration cannot be compelled to occur in a foreign ju
• Eugenia M. Benedict v. Pensacola Motor Sales, Inc
  846 So. 2d 1238· Fla. 1st DCA· 2003-06-09 ·cited 2×
  The First District Court of Appeal affirmed a trial court's order compelling arbitration in a lemon car case, holding that a party seeking to avoid arbitration by claiming implied waiver must demonstrate prejudice to the opposing party. The court resolved a split among Florida's
• Fluor Enters., Inc. v. Tri-City Elec. Contractors, Inc.
  784 So. 2d 1260· Fla. 5th DCA· 2001-05-25 ·cited 2×
  The court held that a written demand for arbitration is a condition precedent that must be satisfied before a court can compel arbitration, even if the issue of whether the condition precedent is satisfied is typically for the arbitrator.
• Cuningham Hamilton Quiter, P.A. v. B.L. OF Miami, Inc.
  776 So. 2d 940· Fla. 3d DCA· 2000-11-15 ·cited 2×
  The Florida Third District Court of Appeal reversed a trial court's denial of a motion to compel arbitration, holding that an architectural firm (Cuningham) that was not a direct signatory to a Design-Build contract could be compelled to arbitrate disputes with the project owner
• Garcia v. State Farm Mut. Auto. Ins. Co.
  766 So. 2d 430· Fla. 5th DCA· 2000-08-25 ·cited 2×·via Compel Arbitration
  Garcia appeals an order compelling arbitration of her PIP claim against State Farm. The court reverses because the statute mandating arbitration was declared unconstitutional, and alternatively, because the statute by its own terms applies only to disputes between insurers and me
• Baron v. Best Buy Co., Inc.
  79 F. Supp. 2d 1350· S.D. Fla.· 1999-12-01 ·cited 2×
  The court held that an appeal from an order denying a motion to compel arbitration divests the district court of jurisdiction over the aspects of the case involved in the appeal, thus mandating a stay of proceedings.