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

• Stalley v. Transitional Hosps. Corp. OF Tampa, Inc.
  44 So. 3d 627· Fla. 2d DCA· 2010-08-11 ·cited 37×·via Compel Arbitration
  The Estate of Roderic L'Aine appealed a trial court order compelling arbitration of a wrongful death claim based on an arbitration agreement signed by Roderic's wife, JoAnne, during his hospital admission. The appellate court reversed, holding that JoAnne lacked authority to bind
• Seville Condo. # 1, Inc. v. Clearwater Dev. Corp.
  340 So. 2d 1243· Fla. 2d DCA· 1976-12-17 ·cited 37×
  In this interlocutory appeal, the Florida District Court of Appeal reversed an order compelling arbitration between condominium associations and their management corporation, holding that the management corporation waived its right to arbitration through inconsistent pre-suit con
• Hamilton Life Ins. Co. OF NEW York v. Republic Nat'l Life Ins. Co.
  408 F.2d 606· 2d Cir.· 1969-03-12 ·cited 37×·via Petition To Compel Arbitration
  The court held that the Federal Arbitration Act applies to insurance contracts and that a party's consent to arbitration in New York confers personal jurisdiction, even if service of process occurred elsewhere.
• In re the Petition of Kinoshita & Co., Ltd.
  287 F.2d 951· 2d Cir.· 1961-03-16 ·cited 37×·via Compel Arbitration
  The court held that the arbitration clause was not broad enough to cover allegations of fraud in the inducement, and that there was no substance to the fraud claim.
• Alterra Healthcare Corp. & Deanne M. Smith as to Alterra Sterling House of Tallahassee v. The Est. OF Jeanette Kelley Linton
  953 So. 2d 574· Fla. 1st DCA· 2007-02-28 ·cited 36×·via Compel Arbitration
  This appeal addresses whether an arbitration clause in a nursing home residency agreement is enforceable against the estate of a deceased resident with advanced Alzheimer's disease. The court affirmed that the arbitration agreement was binding and severable despite containing dam
• Sami Qubty v. Rasiklal Nagda
  817 So. 2d 952· Fla. 5th DCA· 2002-05-24 ·cited 36×
  The Fifth District Court of Appeal reversed the trial court's denial of motions to compel arbitration in a securities brokerage dispute, holding that the Nagdas' fraud and breach of contract claims against New England Life and its representatives were subject to mandatory arbitra
• Snyder v. Bruton Smith
  736 F.2d 409· 7th Cir.· 1984-06-07 ·cited 36×·via Petition To Compel Arbitration
  The court held that it had personal jurisdiction over the appellant and that the Federal Arbitration Act applied, but reversed the district court's order compelling arbitration in Illinois when the agreement specified Texas.
• Paine v. Lucas
  411 So. 2d 1369· Fla. 5th DCA· 1982-04-07 ·cited 36×
  Paine, Webber sought a writ of certiorari to compel arbitration of a dispute arising from a Cash Fund Account, relying on an arbitration clause in a separate Client Commodity Account agreement. The Florida appellate court denied the writ, holding that the arbitration clause appli
• In re the Arb. between Karavos Compania Naviera S. A. v. Atlantica Exp. Corp.
  588 F.2d 1· 2d Cir.· 1978-11-15 ·cited 36×·via Compel Arbitration
  The court held that the district court erred in finding that Repetti had actual or apparent authority to charter a vessel on behalf of Atlántica, and that Atlántica was not estopped from denying such authority.
• In re Livingston v. John Wiley & Sons, Inc.
  313 F.2d 52· 2d Cir.· 1963-01-11 ·cited 36×
  The court held that a corporate consolidation does not automatically terminate a collective bargaining agreement, and that disputes regarding the agreement's effect on employee rights, including procedural compliance, are for the arbitrator to decide.
• The Regency Grp., Inc. v. McDANIELS
  647 So. 2d 192· Fla. 1st DCA· 1994-07-19 ·cited 35×
  Regency Group appeals from an order denying a motion to compel arbitration of claims by former AMIC officers for their proportional share of interest earned on stock sale proceeds held in escrow. The court reverses, finding the interest payment dispute falls within the broad scop
• U.S. Fire Ins. Co. v. Franko
  443 So. 2d 170· Fla. 1st DCA· 1983-12-12 ·cited 35×
  U.S. Fire Insurance Company sought certiorari review of a trial court's denial of its motion to dismiss an insurance claim dispute, arguing the contract required arbitration before litigation. The appellate court held that U.S. Fire did not waive its right to arbitration and that
• Mendez v. Hampton Court Nursing Ctr., LLC
  203 So. 3d 146· Fla.· 2016-09-22 ·cited 34×
  The Florida Supreme Court held that a nursing home resident is not bound by an arbitration clause in an admission contract signed by the resident's adult son, where the resident neither signed the contract nor otherwise agreed to it. The Court rejected the third-party beneficiary
• Stewart Agency, Inc. v. Robinson
  855 So. 2d 726· Fla. 4th DCA· 2003-10-15 ·cited 34×
  Stewart Agency appealed the trial court's denial of its motion to compel arbitration of a consumer dispute. The court held that an arbitration clause in a vehicle sales contract was not substantively unconscionable, and reversed the lower court's decision, holding that both proce
• Owens & Minor Med., Inc. v. Innovative Mktg. & Distrib. Servs., Inc.
  711 So. 2d 176· Fla. 4th DCA· 1998-05-13 ·cited 34×·via Compel Arbitration
  Owens & Minor Medical, Inc., appealed from the trial court's denial of its motion to compel arbitration and stay proceedings on appellee's counterclaim. The court affirmed, holding that the appellant had waived its right to arbitration through active participation in litigation,
• Edna H. Pagel, Inc. v. Teamsters Local Union 595
  667 F.2d 1275· 9th Cir.· 1982-02-02 ·cited 34×
  The court held that the unions' late response in state court did not bar their federal court action, the arbitrator's award drew its essence from the collective bargaining agreement, and the NLRB's refusal to issue a complaint did not preclude arbitration.
• The Procter & Gamble Indep. Union OF Port Ivory v. The Procter & Gamble Mfg. Co.
  298 F.2d 644· 2d Cir.· 1962-01-31 ·cited 34×·via Compel Arbitration
  The court held that under a broad arbitration clause, grievances are arbitrable unless there is a clear exclusion, and doubts are resolved in favor of arbitration.
• Woebse v. Health Care & Ret. Corp. OF Am.
  977 So. 2d 630· Fla. 2d DCA· 2008-02-06 ·cited 33×·via Compel Arbitration
  Marilyn Woebse, as representative of her deceased father's estate, appealed an order compelling arbitration of her wrongful death and nursing home rights violation claims against Heartland Health Care Center. The Florida appellate court reversed, finding the arbitration agreement
• Tandem Health Care OF ST. Petersburg, Inc. v. Whitney
  897 So. 2d 531· Fla. 2d DCA· 2005-03-04 ·cited 33×
  The trial court erred by denying a motion to compel arbitration without conducting an evidentiary hearing when disputed factual issues existed regarding the making of the arbitration agreement.
• Orion Ins. Co. v. Magnetic Imaging Sys. I
  696 So. 2d 475· Fla. 3d DCA· 1997-07-02 ·cited 33×
  Orion Insurance appealed the trial court's denial of its motion to compel arbitration of a class action dispute with Magnetic Imaging Systems over allegedly late insurance payments. The court reversed, holding that Florida's No-Fault statute mandates arbitration between insurers
• Teamsters Union Local 315 v. Great W. Chem. Co.
  781 F.2d 764· 9th Cir.· 1986-01-29 ·cited 33×·via Petition To Compel Arbitration
  The court held that the six-month statute of limitations under § 10(b) of the National Labor Relations Act is the appropriate statute to borrow for actions to compel arbitration under § 301 of the Labor Management Relations Act.
• Graham Contracting, Inc. v. Flagler Cnty.
  444 So. 2d 971· Fla. 5th DCA· 1983-12-15 ·cited 33×
  Graham Contracting sought to compel arbitration of a dispute with Flagler County arising from a construction contract that required arbitration of all disputes. The trial court denied the motion, finding that Graham Contracting waived its right to arbitrate by delaying nearly ten
• Murphy v. Courtesy Ford, L.L.C.
  944 So. 2d 1131· Fla. 3d DCA· 2006-12-06 ·cited 32×
  A 19-year-old car buyer appealed a trial court order compelling arbitration of her FDUTPA damages claim against a used car dealership. The appellate court affirmed, holding that the arbitration clause in the purchase agreement was enforceable and that the buyer failed to demonstr
• Mora v. Abraham Chevrolet-Tampa, Inc.
  913 So. 2d 32· Fla. 2d DCA· 2005-09-21 ·cited 32×
  Angelo Mora appeals an order compelling arbitration of his whistleblower suit against his former employer. The court reversed, holding that the employer waived its right to arbitration by filing an answer with affirmative defenses and participating in discovery without raising th
• Int'l Ass'n OF MacHinists & Aerospace Workers, AFL-CIO v. Aloha Airlines, Inc.
  790 F.2d 727· 9th Cir.· 1986-02-06 ·cited 32×·via Compel Arbitration
  The court held that res judicata barred the claim for compelling arbitration but not the claims for breach of contract and RLA violations, and that the six-month statute of limitations from the NLRA applies to such claims, but not retroactively to this case.
• Int'l Ass'n OF Bridge v. Madison Indus., Inc.
  733 F.2d 656· 9th Cir.· 1984-05-15 ·cited 32×·via Petition To Compel Arbitration
  A judgment on the merits is a final, appealable decision even when a request for attorney's fees remains unresolved, as such requests are collateral to the main action.
• In re the Arb. under Voyage Charter of January 13 v. Int'l Milling Co.
  401 F.2d 568· 2d Cir.· 1968-10-02 ·cited 32×
  On a motion to compel arbitration, a district court may only consider claims of laches that relate to issues the court must decide; all other laches claims must be resolved by the arbitrators.
• Integrated Health Servs. OF Green Briar, Inc. v. Lopez-Silvero
  827 So. 2d 338· Fla. 3d DCA· 2002-09-30 ·cited 31×
  Integrated Health Services appealed a trial court's denial of its motion to compel arbitration of a nursing home negligence dispute. The appellate court reversed, holding that although the nursing home did not sign the admission contract containing the arbitration clause, both pa
• Cardegna v. Buckeye Check Cashing, Inc.
  894 So. 2d 860· Fla.· 2005-01-20 ·cited 30×
  The Florida Supreme Court held that when a party alleges a contract is void under Florida law (here, for usury), a trial court—not an arbitrator—must first determine the contract's legality before any arbitration clause can be enforced. The court quashed the Fourth District's dec
• Morrell v. Wayne Frier Manufactured Home Ctr.
  834 So. 2d 395· Fla. 5th DCA· 2003-01-17 ·cited 30×
  The Morrells and Staffords sued Wayne Frier Manufactured Home Center for violations of Florida's Motor Vehicle Retail Sales Finance Act and fraud related to a mobile home purchase. The court reverses the lower court's order compelling arbitration, holding that Frier waived its ri
• Americana Fabrics, Inc. v. L & L Textiles, Inc.
  754 F.2d 1524· 9th Cir.· 1985-03-07 ·cited 30×·via Petition To Compel Arbitration
  The court held that the "last in time" rule of res judicata dictates that the New York District Court's order compelling arbitration was binding on the California District Court, entitling the petitioner to an order compelling arbitration.
• Acton Corp. v. Borden, Inc.
  670 F.2d 377· 1st Cir.· 1982-02-12 ·cited 30×·via Petition To Compel Arbitration
  Orders staying litigation pending resolution of related issues in another federal court are generally not appealable, and mandamus is not warranted when the district court acted within its discretionary authority.
• T & R Enters., Inc. v. Cont'l Grain Co.
  613 F.2d 1272· 5th Cir.· 1980-03-17 ·cited 30×
  The court held that the plaintiff waived its right to a jury trial on the existence of the arbitration agreement due to its procedural conduct and that the parties' agreement and conduct evinced consent to judicial enforcement of the award.
• N.V. Maatschappij Voor Industriele Waarden v. A. O. Smith Corp.
  532 F.2d 874· 2d Cir.· 1976-04-01 ·cited 30×·via Petition To Compel Arbitration
  The court held that the existence of antitrust and patent issues does not automatically require a stay of arbitration, especially when the antitrust claims are raised late and are not clearly established.
• Interocean Shipping Co. v. Nat'l Shipping & Trading Corp. & Hellenic Int'l Shipping
  523 F.2d 527· 2d Cir.· 1975-06-24 ·cited 30×·via Petition To Compel Arbitration
  The court held that a valid charter party existed and that the broker had authority to bind the parties, but modified the arbitration order to exclude the guarantor (National) from arbitration.
• HOH v. Pepsico
  491 F.2d 556· 2d Cir.· 1974-02-08 ·cited 30×·via Petition To Compel Arbitration
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the unions failed to show a likelihood of success on the merits and unduly delayed in invoking available arbitration remedies.
• World Brilliance Corp. v. Bethlehem Steel Co.
  342 F.2d 362· 2d Cir.· 1965-03-02 ·cited 30×·via Petition To Compel Arbitration
  The court held that the defense of waiver is arbitrable, and the issue of laches can be decided by the court on motion papers without a jury trial.
• Duty Free World v. Miami Perfume Junction
  253 So. 3d 689· Fla. 3d DCA· 2018-08-08 ·cited 29×
  An unjust enrichment claim seeking monetary compensation for benefits conferred upon a defendant, measured by the plaintiff's losses rather than the defendant's ill-gotten gains, constitutes legal relief rather than equitable relief and thus does not fall within an arbitration cl
• Associated Brick Mason Contractors OF Greater NEW York, Inc. v. Harrington
  820 F.2d 31· 2d Cir.· 1987-05-22 ·cited 29×·via Petition To Compel Arbitration
  The court held that the broad arbitration clause in the collective bargaining agreement covers the grievances concerning the manpower shortage, and that the six-month statute of limitations under the NLRA applies to actions to compel arbitration.
• BGT Grp., Inc. v. Tradewinds Engine Servs., LLC
  62 So. 3d 1192· Fla. 4th DCA· 2011-06-08 ·cited 28×
  BGT Group appealed from a circuit court order denying its motion to compel arbitration of a dispute with Tradewinds Engine Services. The court affirmed, holding that BGT's quote and invoice failed to sufficiently describe the collateral terms and conditions document containing an
• Sa-Pg-Ocala, LLC v. Stokes
  935 So. 2d 1242· Fla. 5th DCA· 2006-08-11 ·cited 28×
  A nursing home patient challenged an arbitration agreement that substantially limited her remedies under Florida's Nursing Home Residents' Act by requiring clear and convincing evidence of intentional or reckless misconduct to recover certain damages. The Fifth District Court of
• Mar-Len OF La., Inc. v. Parsons-Gilbane
  732 F.2d 444· 5th Cir.· 1984-05-21 ·cited 28×
  The Enelow-Ettelson rule, which distinguishes appealability based on law/equity, should be reconsidered and abandoned due to its archaic nature and the advent of 28 U.S.C. § 1292(b).
• Marthame Sanders & Co. v. 400 W. Madison Corp.
  401 So. 2d 1145· Fla. 4th DCA· 1981-07-22 ·cited 28×
  The court reversed a trial court order compelling arbitration, holding that respondents waived their right to arbitration by filing an answer and participating in trial court proceedings for nearly two years before attempting to enforce the arbitration clause.
• William Passalacqua Builders, Inc. v. Mayfair House Ass'n, Inc.
  395 So. 2d 1171· Fla. 4th DCA· 1981-02-25 ·cited 28×
  This case involves a complex construction dispute concerning Mayfair House Condominium where the general contractor (Passalacqua) and developer (Resnick) had disputes over payment and construction defects. The court affirmed the trial judgment for Mayfair against Resnick and Pass
• Petition of Petrol Shipping Corp.
  360 F.2d 103· 2d Cir.· 1966-04-21 ·cited 27×·via Petition To Compel Arbitration
  A foreign sovereign's branch that enters into an arbitration agreement is amenable to suit in federal court to compel arbitration, and service by ordinary mail on the branch's office within the state is sufficient.
• Application of Robert W. Davenport v. The Procter & Gamble Mfg. Co.
  241 F.2d 511· 2d Cir.· 1957-02-04 ·cited 27×·via Petition To Compel Arbitration
  The court held that both the order denying remand and the order denying arbitration were appealable, and that the grievance concerning the substitution of wage survey companies was not an arbitrable issue under the collective bargaining agreement.
• SCG Harbourwood, LLC v. Hanyan
  93 So. 3d 1197· Fla. 2d DCA· 2012-08-08 ·cited 26×
  SCG Harbourwood appeals a trial court's denial of its motion to compel arbitration, arguing that an arbitration opt-out provision in its nursing home contract with Eleanor Hanyan could only be exercised at the time of signing, not later. The appellate court reverses, holding that
• Donesia Best v. Educ. Affiliates, Inc.
  82 So. 3d 143· Fla. 4th DCA· 2012-02-22 ·cited 26×
  Former students of a for-profit medical institute challenged a trial court's order compelling arbitration of their breach of contract and fraud claims. The appellate court affirmed, holding that without a hearing transcript, the students failed to preserve their factual challenge
• Turboff v. Merrill Lynch
  867 F.2d 1518· 5th Cir.· 1989-03-23 ·cited 26×·via Compel Arbitration
  The court held that a recent amendment to the Federal Arbitration Act precludes appellate jurisdiction over interlocutory orders compelling arbitration, absent a Section 1292(b) certification.
• I.S. Joseph Co. v. Mich. Sugar Co.
  803 F.2d 396· 8th Cir.· 1986-10-10 ·cited 26×·via Petition To Compel Arbitration
  The court held that the question of whether an assignee can enforce an arbitration agreement against a party to the original agreement is a matter of substantive arbitrability that must be decided by the court, not the arbitrator.