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 the existence of uninsured motorist coverage is a question for the court, not for arbitration, and the trial court erred in dismissing the counterclaim and ordering arbitration before determining coverage.
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734 So. 2d 574·
Fla. 3d DCA·
1999-06-16
·cited 25×
ARI Mutual Insurance Company appealed a trial court order compelling arbitration (appraisal) of an insurance dispute. The Third District Court of Appeal reversed, holding that the trial court—not arbitrators—must determine whether a party has waived the right to arbitration, and
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Liberty Communications and Thomas Hitchens appealed an order compelling arbitration and dismissing their complaint against MCI Telecommunications. The court held that while Liberty's claims could be compelled to arbitration under the contract, Hitchens—who signed the arbitration
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610 So. 2d 1·
Fla. 2d DCA·
1992-10-16
·cited 25×
Bared and INA appealed an order compelling arbitration of disputes with SMCI and National Fire. The court reversed, holding that SMCI and National Fire waived their right to arbitration by answering the cross-claim without demanding arbitration, and that this waiver could not be
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The Florida Supreme Court held that uninsured motorist coverage under an automobile insurance policy extends only to persons who would be covered under the policy's liability provisions. A deceased child who was not a resident of the insured's household and thus not covered for l
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The court held that the six-month statute of limitations from section 10(b) of the NLRA applies to both employees' hybrid section 301 claims and the union's action to compel arbitration, and that both claims were time-barred.
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An arbitrator's father-son relationship with an officer of a party creates "evident partiality" under 9 U.S.C. § 10, requiring vacatur of the award.
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423 So. 2d 630·
Fla. 5th DCA·
1982-12-22
·cited 25×
R.W. Roberts Construction and its surety American Insurance challenged a trial court order denying their motion to compel arbitration of a subcontractor's payment claim under a performance bond. The court held that the arbitration clause lacked mutuality of obligation because it
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116 So. 3d 1240·
Fla.·
2013-06-20
·cited 24×
The Florida Supreme Court held that a pre-surgery arbitration agreement with a $250,000 cap on non-economic damages violates public policy established by Florida's Medical Malpractice Act because it removes incentives for patients to arbitrate and provides fewer remedies than the
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73 So. 3d 261·
Fla. 1st DCA·
2011-06-21
·cited 24×
Duval Motors sought to compel arbitration of consumer claims based on an arbitration agreement in a Retail Buyer's Order (RBO) signed contemporaneously with a Retail Installment Sales Contract (RISC). The court affirmed denial of the motion to compel arbitration, holding that the
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707 So. 2d 955·
Fla. 3d DCA·
1998-03-31
·cited 24×
Defendants appealed a trial court order denying their motion to dismiss based on a contractual right to arbitration. The court reversed, holding that the defendants did not waive their right to arbitration by filing motions to dismiss, and that a formal motion to compel arbitrati
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873 F.2d 1397·
11th Cir.·
1989-05-03
·cited 24×
The court held that the district court's order directing arbitration was a final decision and therefore appealable, denying the motion to dismiss.
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742 F.2d 811·
4th Cir.·
1984-08-23
·cited 24×
An order compelling arbitration under § 4 of the U.S. Arbitration Act is a final and appealable order under 28 U.S.C. § 1291, and timeliness of a claim is an issue for the arbitrator.
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403 So. 2d 1149·
Fla. 2d DCA·
1981-09-25
·cited 24×
Balboa Insurance Company sought to compel arbitration of a construction dispute by filing a motion to dismiss based on an arbitration clause incorporated into the subcontract. The court held that Balboa did not waive its right to arbitration by raising the arbitration defense in
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The court held that the question of whether a hit-and-run vehicle was involved is an issue bearing on the right to recover under the policy, not an issue of coverage, and thus is subject to arbitration.
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The court held that an order overruling a motion to compel arbitration, which does not dispose of the entire case on its merits, is not a final decision and therefore not appealable under 28 U.S.C. § 1291.
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The court held that an order directing arbitration under the U.S. Arbitration Act is a final, appealable order, and that the Act mandates the arbitration hearing occur within the district where the petition was filed.
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14 So. 3d 1084·
Fla. 2d DCA·
2009-06-05
·cited 23×
A nursing home appealed a circuit court's denial of its motion to compel arbitration after the designated arbitration administrator (the American Arbitration Association) refused to administer the case due to a policy change. The Florida appellate court held that under Florida St
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985 So. 2d 1159·
Fla. 3d DCA·
2008-06-18
·cited 23×
Idearc Media Corp. (Verizon Yellow Pages) appealed a trial court's denial of its motion to compel arbitration of a dispute with Friedman regarding recovery of advertising fees paid under their contract. The Florida appellate court affirmed, holding that the contract's arbitration
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824 So. 2d 228·
Fla. 4th DCA·
2002-07-24
·cited 23×
Buckeye Check Cashing appealed a trial court order denying its motion to compel arbitration in a class action lawsuit alleging illegal usurious loans. The Fourth District Court of Appeal reversed, holding that under the Federal Arbitration Act and Prima Paint doctrine, claims tha
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The court affirmed a trial court order staying arbitration of a construction contract dispute where the contractor sought rescission of the entire contract based on mutual mistake. The court held that when a party seeks true rescission of a contract, the arbitration clause is aba
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The court held that an order denying a motion to compel arbitration pending a trial on the existence of the arbitration agreement is a nonappealable interlocutory order under 28 U.S.C. § 1292(a)(1).
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The court held that the Federal Arbitration Act requires severance and arbitration of arbitrable claims when joined with non-arbitrable federal securities claims, even if factually intertwined, to preserve the parties' agreement to arbitrate.
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953 So. 2d 773·
Fla. 4th DCA·
2007-04-25
·cited 22×
The Place at Vero Beach appeals the denial of its motion to compel arbitration and stay litigation in a wrongful death case. The court held that the arbitration clause in the resident admission agreement was unenforceable because AHLA rules requiring clear and convincing evidence
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769 So. 2d 481·
Fla. 4th DCA·
2000-10-18
·cited 22×
Ocwen Financial Corporation appealed a trial court's denial of its motion to compel arbitration in a dispute arising from the sale of a mortgage company. The appellate court reversed, holding that the arbitration clause in the asset purchase agreement applied broadly to all claim
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710 So. 2d 152·
Fla. 3d DCA·
1998-04-22
·cited 22×
Quix Snaxx appeals a trial court's denial of its motion to compel arbitration in a breach of contract dispute over royalty payments. The court reversed, holding that the Purchase Order Agreement and License Agreement, executed contemporaneously as part of the same settlement, mus
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Tamiami Partners, Ltd. (TPL), a non-Indian gaming company, sued the Miccosukee Tribe in federal district court seeking to compel arbitration of a contract dispute and to enjoin the Tribe from exercising self-help remedies under a gaming management agreement. The Eleventh Circuit
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Kathleen Leaf sought to compel arbitration of an insurance claim against State Farm, and a jury found State Farm had consented to arbitration. The court reversed the trial court's striking of Leaf's attorney's fees claim, holding that section 627.428 authorized fees because State
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The district court erred by dismissing the union's action without prejudice; it should have stayed the proceedings pending resolution of the related NLRB charge.
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The court held that the defense of laches in a labor dispute should be decided by the arbiter responsible for the merits of the dispute, not separately by a court.
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The court held that a dispute over a plant suspension, even if involving a shutdown, is arbitrable under a collective bargaining agreement because the exclusion clause was not clear and unambiguous, and national policy favors arbitration.
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19 So. 3d 1105·
Fla. 2d DCA·
2009-10-09
·cited 21×
This case addresses the enforceability of an arbitration agreement signed by a nursing home resident. The court held that a signed arbitration agreement is binding and enforceable absent evidence of fraud, coercion, or prevention from reading, rejecting the Estate's argument that
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Aberdeen Golf & Country Club appeals a trial court's denial of its motion to compel arbitration of a construction dispute. The court affirmed, holding that the owner forfeited its right to arbitration by repudiating the contract's alternative dispute resolution (ADR) provision an
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873 So. 2d 400·
Fla. 4th DCA·
2004-04-14
·cited 21×
Morgan Stanley sought to compel arbitration of a trust beneficiary's mismanagement claim by arguing the beneficiary was a third-party beneficiary to an arbitration agreement signed only by the trustees and Morgan Stanley. The court affirmed the denial of the motion to compel arbi
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984 So. 2d 583·
Fla. 4th DCA·
2008-06-04
·cited 20×
United Healthcare of Florida appeals a trial court's denial of its motion to stay proceedings and compel arbitration of an employee's claims. The court holds that the employee is bound by an arbitration agreement she signed in 2000 that applied to all employment-related disputes
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960 So. 2d 768·
Fla. 3d DCA·
2007-05-02
·cited 20×
A non-signatory to a contract with an arbitration clause cannot compel arbitration unless specific exceptions apply, which was not the case here.
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Fletcher, as personal representative of her mother's estate, appealed an order compelling arbitration of a nursing home claim against Huntington Place. The court reversed, finding the arbitration agreement void as against public policy because it incorporated AHLA rules that dism
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Vacation Beach, Inc. challenged a trial court order compelling arbitration of a construction contract dispute with Charles Boyd Construction, Inc., arguing the contract was illegal because Boyd Construction lacked a required qualifying agent under Florida law. The Florida Fifth D
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877 So. 2d 918·
Fla. 4th DCA·
2004-07-21
·cited 20×
A party cannot be compelled to arbitrate a dispute if they did not sign or otherwise manifest assent to an arbitration agreement, even if they performed other terms of the contract.
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When a collective bargaining agreement contains a broad arbitration clause, disputes over whether the agreement has expired or been terminated are to be decided by an arbitrator, not the court.
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A grievance is arbitrable under a broad arbitration clause if its subject matter falls within the zone of interests protected by the collective bargaining agreement, and there is no clear evidence of intent to exclude it from arbitration.
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581 F.2d 137·
7th Cir.·
1978-07-26
·cited 20×
A plaintiff's voluntary dismissal under Rule 41(a)(1) is permissible even after a motion to stay and compel arbitration, as such a motion does not address the merits of the underlying controversy and is not equivalent to an answer or motion for summary judgment.
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The court held that the jurisdictional amount for compelling arbitration is based on the potential award from arbitration, not just the direct settlement amount.
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299 So. 3d 599·
Fla.·
2022-03-31
·cited 19×
The Florida Supreme Court held that Airbnb's incorporation by reference of the American Arbitration Association (AAA) Rules into its Terms of Service constitutes clear and unmistakable evidence that the parties agreed to have an arbitrator—rather than a court—decide questions of
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102 So. 3d 722·
Fla. 4th DCA·
2012-12-12
·cited 19×
Ibis Lakes HOA appealed a trial court order compelling arbitration of a dispute with Ibis Isle HOA over shared maintenance expenses. The Fourth District affirmed, holding that the dispute was arbitrable under the parties' agreement and that Ibis Isle did not waive its right to ar
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28 So. 3d 965·
Fla. 3d DCA·
2010-02-24
·cited 19×
Five defendants appealed from an order denying their motion to compel arbitration of claims arising from a Miami development project dispute. The Third District Court of Appeal reversed the trial court's denial of the motion to compel arbitration, finding that the claims fell wit
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995 So. 2d 566·
Fla. 2d DCA·
2008-09-12
·cited 19×
Jaylene, Inc. and related entities appealed a denial of their motion to compel arbitration in a nursing home resident's rights lawsuit. The court reversed, holding that a broad general power of attorney granted the attorney-in-fact sufficient authority to execute an arbitration a
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584 So. 2d 35·
Fla. 4th DCA·
1991-07-03
·cited 19×
Appellants challenged a trial court's order compelling arbitration based on a 1981 Amendment. The court reversed, holding that a 1987 Agreement containing an integration clause superseded the 1981 Amendment and its arbitration provision, eliminating any obligation to arbitrate.
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The court held that a valid collective bargaining agreement existed and the dispute over subcontracting was subject to arbitration, and that the NLRB's refusal to issue a complaint did not preclude arbitration.
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488 So. 2d 894·
Fla. 2d DCA·
1986-05-16
·cited 19×
Prudential-Bache appealed the trial court's denial of its motion to compel arbitration, arguing it had not waived its arbitration rights. The appellate court reversed, holding that filing a motion to dismiss on technical grounds does not constitute active participation in litigat