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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1998 U.S. Dist. LEXIS 11125·
S.D. Fla.·
1998-05-29
The court held that the parties' agreement clearly and unmistakably indicated their intent to submit all controversies, including eligibility for arbitration, to arbitration, and thus the arbitrator, not the court, has jurisdiction to rule on the claim's eligibility.
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678 So. 2d 355·
Fla. 1st DCA·
1996-04-12
The court held that the trial court's order denying arbitration must be reversed and remanded because the basis for the denial was not articulated and cannot be determined from the record.
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170 B.R. 716·
S.D. Fla.·
1994-07-26
The court affirmed in part and reversed in part the bankruptcy court's decision, compelling arbitration between Centec and IVR but not Fidelity, and affirming the denial of Centec's motion for relief from the automatic stay and the denial of rehearing.
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Appellant challenged a dismissal of her conversion claim against a moving company for allegedly selling her stored household goods instead of transferring them as promised. The court reversed the dismissal, holding that appellant's motion to compel payment of arbitration fees con
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The statute of limitations for an action to compel arbitration under § 301 of the LMRA accrues only when the employer communicates an unequivocal, express rejection of the union's request for arbitration; constructive notice is insufficient.
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The court held that the Unions have not waived their right to return to arbitration for further proceedings, as the prior arbitration award was vacated and the arbitrator exceeded his authority.
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616 So. 2d 1149·
Fla. 2d DCA·
1993-04-14
In this medical malpractice case, the Santellis challenged a trial court order compelling arbitration, arguing that Florida's arbitration statutes violated constitutional rights to court access and jury trial. The appellate court affirmed the order, distinguishing the case from p
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An individual employee cannot compel arbitration without the union's endorsement if the collective bargaining agreement requires such endorsement.
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604 So. 2d 909·
Fla. 5th DCA·
1992-09-04
Schopke Construction and its surety appealed a trial court order denying their motion to compel arbitration of a construction subcontract dispute with Newham Plastering. The Fifth District reversed, holding that arbitration provisions in construction contracts are enforceable eve
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The court held that the district court erred in compelling arbitration without first determining if a newly added limited partner was a necessary party under Rule 19(a).
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The court held that the district court erred in dismissing Sharp's petition for lack of subject matter jurisdiction, as the amount in controversy, including potential punitive damages, could exceed $50,000.
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The court held that collateral estoppel barred relitigation of the issue whether the Pennsylvania Workmen's Compensation Act's exclusive remedy provision applied, even though there may have been an intervening change in the law, because the current action arose from the same disp
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The court held that the phrase 'arbitration facility provided by the American Stock Exchange' in the parties' agreement is ambiguous and requires an examination of the parties' intent to determine the proper arbitration forum.
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The court held that the Nolde presumption of arbitrability does not apply to grievances arising six months after the expiration of a collective bargaining agreement.
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736 F. Supp. 1121·
S.D. Fla.·
1990-05-16
The court held that it lacked jurisdiction to compel arbitration because the plaintiff failed to allege an independent basis for federal jurisdiction, such as diversity or a federal question.
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Sanchez sought uninsured motorist benefits from her insurer, American Ambassador, which refused to respond to her arbitration demand or acknowledge coverage. After Sanchez filed a petition to compel arbitration, the trial court granted it but denied her attorney's fees. The appel
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The court held that the corporation's conduct did not effectively repudiate the pre-hire agreement, and therefore, the grievance must be submitted to arbitration.
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715 F. Supp. 342·
M.D. Fla.·
1989-07-06
The court held that the plaintiff's filing of a lawsuit on the eve of a scheduled arbitration hearing did not waive the defendant's right to arbitrate, and granted the motion to compel arbitration.
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878 F.2d 5·
1st Cir.·
1989-06-20
The court held that even if a trial court has the power to consolidate separate arbitration proceedings, it should not exercise that power if it would prejudice a party by forcing them to forego a contractually mandated arbitration locale, especially when the need for consolidati
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The court held that the district court did not err in appointing an umpire when the parties reached an impasse in selecting one, as the Federal Arbitration Act permits court appointment in such circumstances.
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495 So. 2d 869·
Fla. 2d DCA·
1986-10-08
The Wienekes opened investment accounts with Raymond James & Associates, which included pre-printed arbitration clauses. After suffering alleged investment losses, they sued for securities fraud and related claims. The court affirmed the trial court's order compelling arbitration
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483 So. 2d 100·
Fla. 5th DCA·
1986-02-13
This case involves an appeal from an order denying a motion to compel arbitration in a securities dispute. The appellate court reversed the lower court's decision, finding that arbitration agreements are enforceable in state securities law disputes under the Federal Arbitration A
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An employer was properly compelled to arbitrate an employee's grievance because the arbitration clause in the collective bargaining agreement, under the presumption of arbitrability, could reasonably be interpreted to cover the dispute.
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The court held that where parties dispute essential contract terms, a "meeting of the minds" is not established, and thus no contract, and no arbitration obligation, exists.
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An individual employee cannot contract away benefits secured by a collective bargaining agreement, even if the individual contract purports to do so.
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The court held that disputes over contracting out work and the interpretation of a realignment plan are subject to arbitration under the collective bargaining agreement.
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The court held that the district court erred in deciding the merits of the grievance rather than ordering arbitration, as federal labor policy strongly favors arbitration.
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405 So. 2d 790·
Fla. 4th DCA·
1981-11-12
This case addresses whether the Federal Arbitration Act (FAA) supersedes inconsistent provisions of Florida law. The court held that the FAA is supreme law that binds Florida state courts, requiring them to enforce arbitration agreements valid under federal law even if unenforcea
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The court dismissed the appeal as moot due to intervening events, vacating the lower court's decision without prejudice to arbitration in the ongoing California litigation.
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Vigilant Insurance Company appealed a summary judgment requiring it to arbitrate an uninsured motorist claim. The court held that the question of whether the tortfeasor's vehicle was insured—which determines coverage eligibility—must be decided by the court, not by arbitration, a
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In this trial court decision, the court ruled that an arbitration agreement requiring disputes to be resolved under New York Stock Exchange procedures constitutes an implicit stipulation that Florida's Arbitration Code shall not apply, rendering the entire arbitration clause void
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Richard Morris sought coverage under his father's uninsured motorist insurance policy after being injured while driving his brother's car. The trial court denied coverage based on an exclusionary clause, but the appellate court reversed, holding that the exclusionary clause did n
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Ileana Torres was struck by a hit-and-run driver while truant from school. Her parents initially received false information about the cause of her injuries, and notified their insurance company of the uninsured motorist claim approximately two weeks after the accident. The insure
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The court held that the Memorandum of Understanding did not obligate the owner to arbitrate disputes with the union, as the owner was not a party to the agreement in its capacity as a contractor.
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The court held that the union's grievance for discharge due to union activity was subject to arbitration under the contract.
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32 Fla. Supp. 136·
Dade Cty. Cir. Ct.·
1969-07-07
An insurance company sought to compel arbitration and require an insured to comply with policy provisions requiring medical authorizations, physical examination, oral examination, and written interrogatories before arbitration proceedings commence. The court held that such discov
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The court held that the district court's finding of an oral renewal of the local collective bargaining agreement in New York was unsupported by evidence.
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The court held that the cablegram did not create personal liability for the corporate debt, thus the sender was not a party aggrieved entitled to compel arbitration.