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
-
Fla. 3d DCA·
2020-12-02
A trial court is divested of jurisdiction to determine a party's right to arbitration when that matter is pending on appeal before the appellate court, and any substantive rulings on arbitration made during the pendency of the appeal must be quashed.
-
S.D. Fla.·
2020-10-30
The Court adopted the Magistrate Judge's recommendation to dismiss without prejudice the claims of 73 plaintiffs because those claims are subject to binding arbitration.
-
M.D. Fla.·
2020-10-27
The court held that the parties clearly and unmistakably delegated the threshold issue of arbitrability to an arbitrator, requiring the case to be stayed pending the arbitrator's ruling.
-
S.D. Fla.·
2020-10-23
The court held that the parties agreed to arbitrate arbitrability, and thus disputes regarding the interpretation, applicability, and enforceability of the arbitration agreement are for the arbitrator, not the court, to decide.
-
S.D. Fla.·
2020-10-22
The court held that the arbitration clause in the agreements is valid and enforceable under the New York Convention, requiring the plaintiff to arbitrate his claims.
-
S.D. Fla.·
2020-10-13
The court affirmed the Magistrate Judge's recommendation, finding a genuine dispute of material fact exists regarding whether the plaintiff timely opted out of arbitration, thus requiring a bench trial.
-
The court held that the arbitration provision was unenforceable because the required notice was not in bold print as mandated by Florida Bar Rule 4-1.5(i), and that issues of attorney competence raised by the respondent went beyond the scope of the Florida Bar's fee arbitration p
-
S.D. Fla.·
2020-09-04
A successor company can enforce an arbitration agreement signed by an employee with a predecessor company, especially when the agreement defines 'Company' broadly to include successors.
-
S.D. Fla.·
2020-08-31
The court held that a genuine dispute of material fact existed regarding the formation of the arbitration agreement, necessitating further proceedings.
-
S.D. Fla.·
2020-08-30
The court held that the arbitration provisions, including delegation clauses, were valid and enforceable, requiring the parties to arbitrate their dispute.
-
The appellate court reversed a trial court's order compelling arbitration for non-signatories to an employment agreement. The court found that the trial court erred by not holding an evidentiary hearing to determine if exceptions to compelling arbitration applied to the non-signa
-
M.D. Fla.·
2020-08-17
The court held that the arbitration agreements clearly and unmistakably delegate the question of arbitrability, including whether FINRA rules supersede the agreements, to the American Arbitration Association (AAA), not the court.
-
15th Cir. Ct. App. Div.·
2020-07-20
An attorney moved to compel arbitration of a client's small claims action over three years after the client filed suit, during which time the attorney had appeared at hearings, filed motions, and participated in discovery on the merits. The appellate court reversed, holding that
-
The court held that claims against the accounting firm are subject to arbitration, but claims against the individual CPA are not, as he did not sign the arbitration agreement in his individual capacity.
-
Fla. 4th DCA·
2020-07-01
Under Virginia law, a party does not waive its right to arbitration merely by answering a complaint and engaging in minimal discovery; waiver requires the opposing party to prove actual prejudice from the party's use of litigation machinery.
-
The court held that the plaintiff received constitutionally adequate process and that his claims are barred by the availability of adequate state remedies, and that the arbitration claim fails due to lack of jurisdiction and the defendant not being a party to the arbitration agre
-
Fla. 2d DCA·
2020-06-05
The appellate court reversed and remanded a trial court's order because it was internally inconsistent and conflicted with the magistrate's report it purported to adopt. The order failed to address the issue of arbitration and appeared to grant a motion to dismiss in its entirety
-
M.D. Fla.·
2020-05-19
The court held that the plaintiff's claims against Holler Chevrolet were not within the scope of the arbitration agreement signed with Holler Honda, and the employment agreement with Holler Chevrolet provided for a different dispute resolution method.
-
M.D. Fla.·
2020-05-07
Plaintiff John Lawhon, an employee of Aaron's, Inc. for over seventeen years, brought suit alleging unpaid overtime wages under the Fair Labor Standards Act and discrimination based on disability under the Florida Civil Rights Act. The court found that Lawhon had validly agreed t
-
S.D. Fla.·
2020-05-06
A non-signatory third-party beneficiary to an insurance policy can be compelled to arbitrate under the policy's arbitration clause based on equitable estoppel, because the beneficiary cannot claim the benefits of the policy while avoiding its burdens. The arbitration provision wa
-
S.D. Fla.·
2020-05-01
A party who signs a contract is conclusively presumed to know its contents, and a limited understanding does not negate a meeting of the minds for contract validity.
-
The court held that the Board of Trustees is an arm of the state entitled to sovereign immunity, and the plaintiff failed to demonstrate a waiver of immunity or applicability of an exception, and that the complaint contained shotgun pleading.
-
S.D. Fla.·
2020-03-18
The court held that the insurance policy's Disputes Clause clearly delegates threshold arbitrability issues to the Hong Kong International Arbitration Centre (HKIAC), and therefore, the insurer's motion to compel arbitration is granted.
-
S.D. Fla.·
2020-03-16
The court held that the defendant did not waive its right to arbitration and granted the motion to compel arbitration, dismissing the case without prejudice.
-
M.D. Fla.·
2020-03-13
The Court held that the parties mutually repudiated the settlement agreement, thus the arbitration clause within it is unenforceable.
-
M.D. Fla.·
2020-03-12
The Court held that the parties mutually repudiated the settlement agreement, thus the arbitration clause within it is unenforceable.
-
S.D. Fla.·
2020-01-13
The court granted the defendant's motion to compel arbitration and placed the case in civil suspense, ordering the parties to continue arbitration.
-
S.D. Fla.·
2020-01-13
The court held that the defendant did not waive its right to arbitration and that arbitration must take place in London, Ontario, as per the contract.
-
M.D. Fla.·
2019-11-26
The court held that the arbitration provision in the enrollment agreement was not unconscionable and granted the motion to compel arbitration.
-
Fla. 4th DCA·
2019-11-20
The appellate court reversed a lower court's decision denying a motion to compel arbitration. The court found that the appellants did not waive their right to arbitration despite filing a lawsuit, because the case involved two agreements with different dispute resolution clauses.
-
The court held that individual plaintiffs, who were not signatories to the arbitration agreements between their corporations and the defendant, could not be compelled to arbitrate their FLSA claims.
-
M.D. Fla.·
2019-10-16
The court held that the arbitration agreement was valid and enforceable, and the defendant had not waived its right to arbitrate, but the case should be stayed rather than dismissed.
-
M.D. Fla.·
2019-09-11
The court adopted the Magistrate Judge's recommendation to grant the motion to compel arbitration and stay the case.
-
The phrase "Florida ... a jurisdiction accepted by the parties" in an arbitration clause confers personal jurisdiction on Florida courts to enforce the agreement, not merely a choice of law provision. The plain and ordinary meaning of "jurisdiction" refers to a court's power to d
-
Fla. 4th DCA·
2019-06-26
A valid arbitration agreement covering disputes arising from employment, including discrimination and harassment claims under the Florida Civil Rights Act, may be enforced to compel arbitration of such claims. An employer does not waive its right to arbitration by participating i
-
204 So. 3d 1232·
Fla. 2d DCA·
2018-11-07
An arbitration agreement applies to a nursing home resident's lawsuit even though the resident's injuries preceded the agreement's execution, because the dispute or controversy arises when suit is filed, not when injury occurs. The agreement's attorney's fees provision does not v
-
257 So. 3d 563·
Fla. 3d DCA·
2018-10-10
A trial court errs when it sua sponte denies a motion to compel arbitration that was not noticed for hearing, particularly where the opposing party filed no written objection and made no argument at the hearing.
-
104 La. 203·
M.D. Fla.·
2018-10-02
The court held that the plaintiff's widow is an adequate class representative and that a class action is superior for adjudicating FDCPA claims, granting class certification. The court also denied the defendant's motion to dismiss and compel arbitration, finding the defendant wai
-
253 So. 3d 1261·
Fla. 4th DCA·
2018-09-26
A provision in an arbitration clause that attempts to expand the scope of judicial review beyond the exclusive grounds enumerated in section 682.014, Florida Statutes, is unenforceable; however, whether that unenforceable provision can be severed from the arbitration agreement de
-
245 So. 3d 789·
Fla. 4th DCA·
2018-04-25
Accredited Health Solutions, Inc. appealed a circuit court order denying its motion to compel arbitration in a dispute with North Shore Medical Center, Inc. The court held that Accredited Health, as a successor to Accredited Home, Inc., is bound by an arbitration agreement in the
-
Fla. 5th DCA·
2018-04-02
The trial court's order compelling arbitration is affirmed in all respects.
-
Fla. 5th DCA·
2018-03-26
The trial court's order compelling arbitration is affirmed in all respects.
-
Fla. 5th DCA·
2018-02-26
An arbitration agreement requiring application of Alabama Rules of Evidence to admissibility determinations is severable from an otherwise enforceable arbitration agreement that applies Florida substantive law and remedies because the evidence rules provision concerns only proced
-
237 So. 3d 404·
Fla. 4th DCA·
2018-02-21
A motion to compel arbitration must be granted when the appellee concedes that the trial court erred in denying it.
-
221 So. 3d 781·
Fla. 4th DCA·
2017-07-05
FI-Pompano Rehab appealed a trial court's order denying its motion to compel arbitration of a nursing home resident's wrongful death claim. The appellate court reversed, holding that the arbitration agreement was neither procedurally nor substantively unconscionable and therefore
-
The court held that the trial court correctly deferred the determination of the validity and applicability of arbitration provisions to an arbitrator, as mandated by the parties' agreements.
-
201 So. 3d 829·
Fla. 5th DCA·
2016-10-14
American Eagle appeals summary judgment entered against it without the trial court first ruling on its motion to compel arbitration. The court reversed, holding that summary judgment was improper when an outstanding motion to compel arbitration remained undecided, as this forced
-
S.D. Fla.·
2016-10-03
The court held that the plaintiff failed to provide sufficient evidence to demonstrate that the arbitration agreement was procedurally or substantively unconscionable, or that the costs of arbitration would be prohibitive.
-
S.D. Fla.·
2016-07-18
The court held that claims against both the signatory and non-signatory are subject to arbitration, and that the question of whether conditions precedent to arbitration were met is for the arbitrator to decide.
-
The Florida Fifth District Court of Appeal reversed a trial court order compelling arbitration of medical malpractice claims, holding that an arbitration agreement between patients and a hospital was void as against public policy because it selectively incorporated only some, rat