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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The court held that arbitration was properly compelled for claims related to the underlying agreements, but erred in denying non-parties' participation in that arbitration.
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648 So. 2d 265·
Fla. 2d DCA·
1995-01-04
·cited 2×
Barnett Securities and affiliated entities appealed an order compelling arbitration of the Faerbers' securities claim. The court reversed, holding that Barnett Securities and Mr. Gibbs never refused arbitration, and that no arbitration agreement was established for the other defe
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982 F.2d 884·
3d Cir.·
1992-12-30
·cited 2×
The court held that a collective bargaining agreement's reservation clause, which explicitly states the employer's discretion to determine employee qualifications and to demote or discharge for failure to meet them, is not subject to arbitration.
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980 F.2d 253·
4th Cir.·
1992-11-18
·cited 2×
The court held that the School Board of Fairfax County lacked the legal authority under Virginia law to agree to arbitration, and therefore the arbitration agreement was unenforceable.
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The court held that where a collective bargaining agreement expressly provides that disputes over arbitrability should be submitted to an arbitrator, the arbitrator must decide arbitrability first.
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958 F.2d 550·
3d Cir.·
1992-03-10
·cited 2×
The court held that the arbitration clause in the insurance policy bound the parties to arbitrate all disputes, including legal issues of coverage, and that the district court erred by deciding these issues itself rather than leaving them to the arbitrators.
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944 F.2d 1037·
2d Cir.·
1991-09-24
·cited 2×
The court held that the National Labor Relations Board's refusal to defer to arbitration does not collaterally estop a union from seeking to compel arbitration, and that the alter ego doctrine can bind a non-signatory to a collective bargaining agreement's arbitration clause.
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582 So. 2d 810·
Fla. 3d DCA·
1991-07-23
·cited 2×
ESAB Automation appealed the denial of its motion to compel arbitration in a breach of contract and warranty dispute over a robotic welder. The court reversed, holding that the Federal Arbitration Act governs the parties' arbitration agreement and requires the dispute to be arbit
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Service of process at a person's dwelling house or usual place of abode is valid under Rule 4(d)(1) even if the person has multiple residences, provided the location has sufficient indicia of permanence and the person is residing there at the time of service.
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Sofia and Phillip Glantzis appealed a judgment dismissing their uninsured motorist claim as barred by the statute of limitations. The Fourth District Court of Appeal reversed, holding that the statute of limitations was tolled when State Auto agreed to arbitrate the claim, and th
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750 F. Supp. 1116·
M.D. Fla.·
1990-10-17
·cited 2×
The court held that the defendant did not waive its right to compel arbitration, despite initial litigation actions, because the circumstances changed and the plaintiff would not be prejudiced.
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566 So. 2d 600·
Fla. 5th DCA·
1990-09-13
·cited 2×
This case involves an appeal from a trial court's denial of a motion to compel arbitration. The appellate court affirmed the denial, holding that the contract's arbitration clause only applied to price disputes, not disagreements about the scope of work.
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The court held that the APWU is precluded from relitigating the issue of tripartite arbitrability due to collateral estoppel, as it was decided against them in an indistinguishable case by the Ninth Circuit.
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The court held that the Chemical Division of National Distillers, though not a signatory to the collective bargaining agreement, is bound by its arbitration provisions due to its status as a single employer with the Liquor Division.
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Orders denying a stay of proceedings and compelling arbitration are not immediately appealable under the collateral-order doctrine because the potential inconvenience of proceeding with litigation or arbitration does not constitute irreparable harm.
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The court held that a counterclaim for replevin of items allegedly loaned to the appellant, which arose from a purchase agreement containing an arbitration clause, should be submitted to arbitration.
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The court held that a federal court lacks subject matter jurisdiction to determine whether owner-operators are employees under a collective bargaining agreement, as this is a representational issue reserved for the NLRB.
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524 So. 2d 1121·
Fla. 2d DCA·
1988-05-11
·cited 2×
Ronald Grillo appealed a summary judgment granted against him by a trial court in a securities brokerage dispute. The court reversed, holding that the trial court erred by granting summary judgment without first addressing Grillo's motion to compel arbitration, which was based on
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The court held that the district court correctly granted summary judgment because the arbitrators' awards, by ordering reinstatement without specifying job assignments, implicitly determined that the "return to work" clauses governed job placement.
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The court held that genuine issues of material fact existed, precluding summary judgment, particularly regarding the extent of NYSA's authority to bind Delta to labor agreements and whether Delta was a joint employer.
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509 So. 2d 1212·
Fla. 2d DCA·
1987-07-01
·cited 2×
Richardson Greenshields Securities appealed a trial court's denial of its motion to compel arbitration of tort and punitive damages claims brought by a former stockbroker. The court reversed, holding that tort claims and punitive damages claims are proper subjects for arbitration
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The court held that the district court erred in dismissing the petition to compel arbitration and granting the stay without an evidentiary hearing, as the contract's language was ambiguous regarding whether TAMS or the TAMS-AFFA entity was the party to the agreement.
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The trial court erred in refusing to compel arbitration for all counts of the complaint, as the contract contained a valid arbitration provision.
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The court held that the district court correctly determined that the arbitration clause was narrowly drawn and did not encompass the buyer's claims for breach of contract covenants, warranties, and representations.
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743 F.2d 142·
2d Cir.·
1984-08-31
·cited 2×
The court held that the district court erred in upholding the arbitrator's exclusion of the 1966 agreement based solely on procedural grounds, and that a separate deadlock regarding attorneys' fees for arbitration must be resolved by arbitration.
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The court held that a narrowly drawn arbitration clause, limited to objections to specific inventory items, did not encompass disputes over the method of inventory valuation.
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422 So. 2d 329·
Fla. 4th DCA·
1982-10-13
·cited 2×
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The court held that the trial court erred by ruling on the merits of the case, which should have been decided by arbitrators. The order compelling arbitration is affirmed, but the dismissal of the complaint on substantive grounds is reversed.
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The court held that the union failed to demonstrate a likelihood of success on the merits regarding the defendants' RAB membership, thus affirming the denial of a preliminary injunction.
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Gissendanner sought to compel arbitration of an uninsured motorist claim against Manchester Insurance Company. The trial court granted summary judgment for Manchester, but the appellate court reversed, holding that filing suit against the uninsured tortfeasor does not bar arbitra
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The court held that the district court correctly refused to compel arbitration because the dispute arose after the collective bargaining agreement had expired.
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The court held that determining whether an entity is a party to a collective bargaining agreement is a question for the courts, not the arbitrator.
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199 So. 2d 782·
Fla. 2d DCA·
1967-05-17
·cited 2×
An insurance company appealed an order denying its motion to compel arbitration, arguing the lower court erred by not overturning a prior judge's ruling that the company had waived arbitration.
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The court held that the employer's reservation of sole judgment over employee qualifications did not exclude insubordination from arbitration, as the contract did not clearly state such an exclusion.
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A court's role is to determine if a claim is facially governed by a contract's arbitration clause, not to decide the merits of the dispute; contract interpretation is for the arbitrator.
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The court held that a stay of a remand order is not warranted, even if federal rights are implicated, due to statutory prohibitions and policy against interrupting litigation.
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392 So. 3d 1098·
Fla. 1st DCA·
2024-08-14
·cited 1×
Longhorn Steakhouse sought to compel arbitration of an employee dispute under a dispute resolution process policy that the employee never signed. The First District Court of Appeal reversed the trial court's denial of the arbitration motion and remanded for an evidentiary hearing
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381 So. 3d 623·
Fla. 4th DCA·
2024-03-06
·cited 1×
A pre-dispute arbitration agreement that requires medical malpractice claims to be resolved entirely outside Florida's Medical Malpractice Act framework is enforceable and does not violate public policy, even though it deprives parties of the statutory incentives to arbitrate, be
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Fla. 3d DCA·
2024-03-06
·cited 1×
A trial court violates clearly established law by ordering merits discovery prior to determining whether an arbitration agreement exists and is enforceable.
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388 So. 3d 86·
Fla. 3d DCA·
2023-09-20
·cited 1×
The appellate court reversed a trial court's order compelling arbitration, finding that the trial court failed to resolve disputed factual issues regarding the assignment of an arbitration agreement. The case was remanded for an evidentiary hearing to determine if Factor Brokers
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The trial court erred in compelling arbitration without an evidentiary hearing to determine whether the claims arose from the vehicle purchase (subject to the RBO's arbitration clause) or from the repair transaction, and American Lien, as a non-signatory to any agreement, could n
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359 So. 3d 1202·
Fla. 2d DCA·
2022-11-18
·cited 1×
This case addresses whether a "responsible party" who signs a nursing home admission agreement can bind the resident to an arbitration clause. The court held that without signing in the capacity of a power of attorney, the arbitration clause is not enforceable, reversing the lowe
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336 So. 3d 1245·
Fla. 5th DCA·
2022-03-31
·cited 1×
LEN-CG South and Lennar Homes appealed a trial court order denying their motion to compel arbitration of construction defect claims brought by Champions Club Condominium Association. The court reversed, holding that Section 36 of the Declaration of Condominium contains a clear an
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Winston and Vindra Ramkelawan appealed a trial court order compelling arbitration of their legal malpractice claim against their former counsel, Morgan & Morgan, P.A. The appellants challenged both the retainer agreement as a whole and the arbitration provision specifically. The
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329 So. 3d 146·
Fla. 4th DCA·
2021-10-13
·cited 1×
Florida Woman Care, LLC and affiliated entities appealed a trial court order denying their motion to compel arbitration of claims brought by Dr. Hoa Nguyen regarding his employment termination. The court reversed, holding that the arbitration agreement in Nguyen's employment cont
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323 So. 3d 186·
Fla. 4th DCA·
2021-06-16
·cited 1×
This case involves consolidated appeals concerning orders that denied motions to compel arbitration. The appellate court reversed the lower court's decisions, finding that the trial court improperly decided an issue that was delegated to an arbitrator by the arbitration agreement
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2007 WL 1238591·
S.D. Fla.·
2020-06-10
·cited 1×
The court held that the plaintiff's claims are subject to a mandatory arbitration agreement, and therefore, the motion to compel arbitration is granted.
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Venue was improper in the Northern District of Texas because the plaintiff failed to establish that a substantial part of the events or omissions giving rise to the claim occurred there; the case is transferred to the Middle District of Florida.
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299 So. 2d 599·
Fla. 2d DCA·
2020-03-25
·cited 1×
The court reversed a lower court's order compelling arbitration, holding that the Airbnb contract did not provide "clear and unmistakable evidence" that the parties intended for an arbitrator, rather than a judge, to decide the issue of arbitrability. The case clarifies the stand
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276 So. 3d 874·
Fla. 3d DCA·
2019-05-01
·cited 1×
This appeal concerns whether a dispute over post-closing purchase price adjustment in a multi-million dollar acquisition must be resolved through a non-judicial accountant procedure specified in the parties' purchase agreement or may proceed in court. The court affirmed the trial