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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2016 U.S. Dist. LEXIS 69226·
M.D. Fla.·
2016-05-26
The court held that the Federal Arbitration Act governs the loan agreement, and due to the lack of a specific challenge to the delegation provision, the parties must arbitrate their disputes.
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171 So. 3d 826·
Fla. 1st DCA·
2015-08-19
A nursing home sought to compel arbitration based on an agreement signed by an attorney-in-fact for a nursing home resident. The core dispute was whether the attorney-in-fact had authority to sign the arbitration agreement given language in the durable power of attorney that the
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The Court of Chancery denied the defendants' motion to dismiss or stay the plaintiff's complaint. The court held that a non-exclusive forum selection clause in the redemption agreement displaced the McWane first-filed doctrine, that the plaintiff did not violate Court of Chancery
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15th Cir. Ct. App. Div.·
2014-04-29
Santander Consumer USA, Inc. appealed the trial court's denial of its motion to compel arbitration, arguing it did not waive arbitration rights by filing a counterclaim and seeking a discovery extension. The appellate court reversed, holding that SCUSA could not assert its arbitr
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Bryan Construction sought to compel arbitration of a shipping damage dispute with Bimini Shipping under a broad arbitration clause in their contract. The trial court dismissed Bryan's complaint based on a one-year statute of limitations under the Carriage of Goods by Sea Act (COG
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122 So. 3d 995·
Fla. 1st DCA·
2013-10-11
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1991 WL 45846·
S.D. Fla.·
2013-03-07
The court denied the defendant's motion to stay discovery pending a ruling on its motion to compel arbitration.
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The court held that it lacked subject matter jurisdiction over disputes concerning the interpretation and application of collective bargaining agreements under the Railway Labor Act, and that claims involving purely foreign flying are outside the RLA's scope.
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Del. Ch.·
2012-09-28
The Court held that the arbitration clause in the Employment Agreement, which broadly covered "any dispute, controversy or claim arising out of or relating to this Agreement" and referenced AAA rules, provided clear and unmistakable evidence of the parties' intent to arbitrate th
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95 So. 3d 1009·
Fla. 2d DCA·
2012-08-24
Emeritus Corporation appealed a trial court's denial of its motion to compel arbitration in a nursing home negligence suit filed by the Estate of John J. Pasquariello. The court reversed, holding that the decedent's durable power of attorney specifically authorized his wife, as a
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89 So. 3d 977·
Fla. 1st DCA·
2012-05-04
Ayco Farms appealed the denial of its motion to compel arbitration of a watermelon supply dispute, arguing the trial court erred in finding waiver of arbitration rights. The appellate court reversed, holding that filing a motion for temporary injunction—an express exception to ar
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77 So. 3d 802·
Fla. 3d DCA·
2011-12-28
GlobeTec appealed the trial court's denial of its motion to compel arbitration against Custom, a non-signatory to an arbitration agreement between foreign parent companies. The court affirmed the denial but remanded with instructions to dismiss Custom's fraudulent inducement clai
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76 So. 3d 998·
Fla. 3d DCA·
2011-11-30
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Del. Ch.·
2011-10-04
The Court of Chancery has original and exclusive jurisdiction over the in rem proceedings of an insurance rehabilitation, but not over all claims brought against the insurer during rehabilitation. Therefore, the court may, in its discretion, require a receiver to submit to arbitr
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798 F. Supp. 2d 1314·
S.D. Fla.·
2011-07-19
The court held that a seafarer's employment agreement containing a foreign arbitration clause and choice-of-law provision is unenforceable as written, but the choice-of-law provision can be severed, allowing arbitration under U.S. law.
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795 F. Supp. 2d 1321·
M.D. Fla.·
2011-06-11
The court held that the dispute resolution clause in the Operating Agreement, despite using the term 'mediation,' constituted a binding agreement to arbitrate, encompassing all claims filed by the plaintiffs.
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58 So. 3d 366·
Fla. 3d DCA·
2011-04-06
Stok & Associates appeals a state trial court's order staying proceedings pending resolution of federal arbitration proceedings. The appellate court treats the appeal as a petition for writ of certiorari because the stay order is non-final and non-appealable, and ultimately denie
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29 So. 3d 439·
Fla. 4th DCA·
2010-03-10
The King's Academy and its football coach appealed a trial court's denial of their motion to compel arbitration of a negligence dispute arising from a student's football injury. The appellate court reversed because the trial court failed to hold the statutorily required evidentia
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The court held that the marital settlement agreement, even when incorporated by reference into the final judgment, did not contain an agreement to arbitrate family law matters such as child support, visitation, or setting aside the judgment.
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16 So. 3d 250·
Fla. 4th DCA·
2009-08-19
A valid written agreement to arbitrate did not exist because there was no meeting of the minds on the arbitration clause, thus the trial court correctly denied the motion to compel arbitration.
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15 So. 3d 919·
Fla. 1st DCA·
2009-08-06
Lynch appealed a trial court order compelling arbitration, arguing that the defendants waived their arbitration rights by participating in litigation. The Florida appellate court affirmed, holding that filing a motion to dismiss and an answer without a demand for arbitration do n
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14 So. 3d 1261·
Fla. 1st DCA·
2009-07-06
The court held that the trial court erred in finding an arbitrable issue existed because the appellee's claim under the Letter of Agreement lacked the necessary nexus to the prior agreements containing arbitration clauses.
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638 F. Supp. 2d 1317·
N.D. Fla.·
2009-07-01
The court held that the Federal Arbitration Act requires enforcement of the arbitration clause in the insurance policy, as the dispute involves interstate commerce and the McCarran-Ferguson Act does not prevent arbitration.
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15 So. 3d 20·
Fla. 2d DCA·
2009-05-08
Foxfire Properties and Sugar Loaf Environmental Holdings challenged a trial court's denial of their motion to compel arbitration regarding a covenant restricting a golf course property to golf-related uses. The court held that the arbitration clause in paragraph 2(b) of the Savin
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997 So. 2d 1251·
Fla. 5th DCA·
2009-01-02
Thomas Bojadzijev appeals the trial court's denial of his motion to vacate a default final judgment entered in favor of Roanoke Technology Corporation in a breach of contract action. The Fifth District Court of Appeal affirms the default judgment, finding that Bojadzijev waived h
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588 F. Supp. 2d 1319·
S.D. Fla.·
2008-10-31
The court held that the reference to 'purchase orders' in Schedule C of the contract was too vague to incorporate by reference the Hess Purchase Orders containing an arbitration clause, and APT did not have sufficient knowledge of these terms.
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988 So. 2d 1232·
Fla. 5th DCA·
2008-08-22
Health First appeals a trial court order denying its motion to compel arbitration of most claims in a complaint alleging monopolization and unfair trade practices. The court affirmed the trial court's decision, holding that only one count (tortious interference) had sufficient ne
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984 So. 2d 669·
Fla. 4th DCA·
2008-06-25
In this dissolution of marriage case, the Fourth District Court of Appeal reversed an order compelling arbitration of an attorney fee dispute, holding that an attorney must pursue fee claims against a client in a separate lawsuit with proper service of process, not within the div
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983 So. 2d 716·
Fla. 2d DCA·
2008-06-06
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977 So. 2d 612·
Fla. 2d DCA·
2008-01-18
The Florida Second District Court of Appeal reversed a trial court order compelling the estate of Loyette D. McKibbin to arbitrate a dispute with Alterra Health Care Corporation. The court held that although McKibbin's son held a durable power of attorney, it did not authorize hi
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The court held that a party not named in an agreement containing an arbitration clause cannot compel arbitration of claims that sound in tort and arise from duties independent of the contract.
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969 So. 2d 589·
Fla. 4th DCA·
2007-12-12
Open MRI of Okeechobee sought a stay of circuit court proceedings pending appeal of the trial court's denial of their motion to compel arbitration. The Fourth District Court of Appeal rejected their argument that Florida's Arbitration Code mandated an automatic stay, holding that
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The court held that the lease unambiguously required arbitration to determine the cost of replacement for building damage.
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Weiss Capital Management appealed an order compelling it to arbitrate a dispute with former investment advisor Wesley Crowder and his new employer Morgan Stanley. The court reversed, holding that WCM had no express arbitration agreement with Crowder and could not be forced to arb
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963 So. 2d 256·
Fla. 3d DCA·
2007-07-11
Brody Properties appealed the dismissal of its specific performance action to enforce a residential sales contract for a home owned by multiple parties including a minor. The appellate court reversed and remanded, finding no basis for dismissal and ordering arbitration based on t
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The Court held that the dispute concerning the customer's concerns must be arbitrated before the Settlement Accountant, as dictated by the Merger Agreement. The Court further held that Matria's fraud claims must be dismissed because they are subject to the agreement's arbitration
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In a dispute arising from the termination of a law partner and subsequent redemption of her membership interest in a limited liability company, the court reversed a trial court order that compelled arbitration of all claims and stayed proceedings. The court found that the law fir
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A federal court must dismiss an action for lack of subject matter jurisdiction whenever it appears that jurisdiction is absent, even if an appellate court has issued a mandate, if the issue of subject matter jurisdiction was not previously decided.
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914 So. 2d 1106·
Fla. 4th DCA·
2005-11-30
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The court held that the trial court erred in granting a temporary injunction compelling arbitration because it lacked personal jurisdiction over the defendants and the defendants had already submitted to the dispute resolution procedures.
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365 F. Supp. 2d 1259·
S.D. Fla.·
2005-03-21
The court held that the seaman's employment contract, which incorporated by reference the Standard Terms and Conditions, contained a valid agreement to arbitrate disputes in the Philippines, and thus compelled arbitration.
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319 F. Supp. 2d 1351·
S.D. Fla.·
2004-05-21
The court held that it lacked subject matter jurisdiction under the Federal Tax Injunction Act because the plaintiffs sought to enjoin state tax collection and had a plain, speedy, and efficient remedy in state court.
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The court held that the Federal Arbitration Act mandates arbitration of disputes arising from maritime salvage contracts containing arbitration provisions, unless the making of the arbitration agreement itself is in issue.
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266 F. Supp. 2d 1361·
M.D. Fla.·
2003-05-01
The court held that the lease agreement between a motor carrier and an owner-operator is a contract of employment for transportation workers engaged in interstate commerce, and therefore exempt from the Federal Arbitration Act.
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American Home Assurance Company and Odebrecht Construction, Inc. appeal from a trial court order denying their motion to dismiss and compel arbitration in a construction dispute. The Third District Court of Appeal reversed, holding that the subcontractor's contractual agreement t
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807 So. 2d 723·
Fla. 3d DCA·
2002-02-06
GBR3 appeals a trial court order denying its motion to compel arbitration in a construction dispute with Largo Development Corp. The appellate court reversed, holding that GBR3 did not waive its arbitration rights through its limited procedural filings.
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892 F. Supp. 676·
S.D. Fla.·
2001-09-20
The court held that the arbitration provisions of the agreement, incorporating AAA rules, grant arbitrators the authority to decide arbitrability, including the anticipatory breach claim.
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Weiss & Woolrich sought to compel arbitration of a breach of contract dispute with AAGAARD-HARBIN Construction under their subcontract. The trial court dismissed the complaint, reasoning that Weiss & Woolrich had waived its arbitration right by participating in a related lawsuit
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129 F. Supp. 2d 1340·
M.D. Fla.·
2000-12-28
The court granted in part the motion to vacate its prior order adopting a report and recommendation, clarifying that limited discovery on the 'customer' issue for arbitration purposes would be permitted.
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125 F. Supp. 2d 1346·
M.D. Fla.·
2000-11-27
The court held that the defendant investors were "customers" under NASD Rule 10301, entitling them to demand arbitration, and adopted the Magistrate Judge's recommendation to compel arbitration.