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

• Md. Cas. Co. v. Dep't OF Gen. Servs.
  489 So. 2d 54· Fla. 1st DCA· 1986-03-11 ·cited 19×
  Maryland Casualty Co., insurer of Pinter Contracting Co., appealed an order denying its motion to compel arbitration of a negligence action brought by government entities and architects against Pinter for defective design services. The court affirmed, holding that the cause of ac
• Int'l Union OF Operating Eng'rs v. Carl A. Morse, Inc.
  529 F.2d 574· 7th Cir.· 1976-02-10 ·cited 19×·via Petition To Compel Arbitration
  A court must order arbitration if there is a valid agreement to arbitrate and the agreement covers the dispute, even if the employer raises defenses to the underlying substantive provisions of the contract.
• In re a Motion to Compel Arb. between Hellenic Lines, Ltd.
  372 F.2d 753· 2d Cir.· 1967-02-10 ·cited 19×·via Petition To Compel Arbitration
  The court held that the agreement to arbitrate was valid and enforceable, as the defendant failed to establish duress, and the plaintiff's promise to arbitrate constituted sufficient consideration.
• Ballenisles Country Club, Inc. v. Dexter Realty
  24 So. 3d 649· Fla. 4th DCA· 2009-12-09 ·cited 18×
  BallenIsles Country Club and individual members appealed the trial court's denial of their motions to compel arbitration against Dexter Realty regarding a dispute over a real estate sales office. The Fourth District Court of Appeal reversed, holding that the arbitration clause in
• DFC Homes OF Florida v. Lawrence
  8 So. 3d 1281· Fla. 4th DCA· 2009-05-27 ·cited 18×
  DFC Homes appealed a trial court's denial of its motion to compel arbitration in a real estate dispute with Wayne Lawrence. The court held that DFC did not waive its right to arbitration through its post-arbitration litigation activities, and reversed the trial court's order deny
• S.D.S. Autos, Inc. v. Chrzanowski
  976 So. 2d 600· Fla. 1st DCA· 2007-11-26 ·cited 18×
  Brumos Motor Cars and S.D.S. Autos appealed orders denying their motions to compel arbitration of FDUTPA class action claims arising from allegedly undisclosed administrative fees charged to vehicle lessees. The Florida First District Court of Appeal held that arbitration provisi
• Fenton H. Germann v. AGE Inst. OF Fla., Inc.
  912 So. 2d 590· Fla. 2d DCA· 2005-02-09 ·cited 18×·via Compel Arbitration
  A nursing home resident's estate sued the nursing home operator and related defendants for negligence and wrongful death. The trial court ordered arbitration based on arbitration clauses in contracts between the nursing home and consulting companies, but the resident was not a si
• Tropical Ford, Inc. v. Major
  882 So. 2d 476· Fla. 5th DCA· 2004-09-17 ·cited 18×
  Tropical Ford appeals a trial court's denial of its motion to compel arbitration of Major's tort claims for fraud and negligent misrepresentation. The appellate court reverses, finding the trial court erred in finding the arbitration agreement procedurally unconscionable without
• Thomas W. Ward & Assoc., Inc. v. Spinks
  574 So. 2d 169· Fla. 4th DCA· 1990-12-28 ·cited 18×·via Compel Arbitration
  The appellate court reversed a lower court's order compelling arbitration, holding that the trial court must first determine if the parties intended to be bound by the arbitration clause after their written agreements terminated or were superseded by a new oral agreement.
• In re the Arb. between Prudential Lines, Inc.
  704 F.2d 59· 2d Cir.· 1983-03-28 ·cited 18×·via Petition To Compel Arbitration
  The court held that disputes concerning the responsibility for repairs and sub-issues like the surveyor's authority are arbitrable under the charter party's arbitration clauses, even if significant delays have occurred.
• Hosp. & Institutional Workers Union Local 250, Seiu, AFL-CIO v. Marshal Hale Mem'l Hosp.
  647 F.2d 38· 9th Cir.· 1981-06-01 ·cited 18×·via Petition To Compel Arbitration
  The court held that the dispute was within the scope of the arbitration agreement and procedural arbitrability questions should be decided by the arbitrator, not the court.
• Raymond v. Vallery V. Maves and Ethel Pryor Maves
  384 So. 2d 716· Fla. 2d DCA· 1980-06-04 ·cited 18×·via Compel Arbitration
  The court held that the trial court erred in refusing to compel arbitration of disputes arising from a brokerage agreement containing an arbitration clause.
• In re the Arb. between Thomas C. Gangemi
  532 F.2d 861· 2d Cir.· 1976-03-29 ·cited 18×·via Petition To Compel Arbitration
  The court held that the collective bargaining agreement's arbitration clause clearly and unambiguously provided for only voluntary arbitration of the dispute, and the district court erred in compelling arbitration.
• Cnty. OF Middlesex v. Gevyn Constr. Corp.
  450 F.2d 53· 1st Cir.· 1971-10-28 ·cited 18×
  The court held that a party's alleged material breach of a construction contract does not invalidate the arbitration clause itself, and that statutory limitations on a county's liability do not preclude arbitration.
• EL Hoss Eng'g & Transp. Co., Ltd. v. Am. Indep. OIL Co.
  289 F.2d 346· 2d Cir.· 1961-04-10 ·cited 18×·via Petition To Compel Arbitration
  The court held that the majority decision improperly departed from established liberal arbitration policy by considering contract performance issues.
• VITACOST.COM, Inc. v. McCants
  210 So. 3d 761· Fla. 4th DCA· 2017-02-15 ·cited 17×
  Vitacost appeals a trial court's denial of its motion to compel arbitration in a products liability action involving dietary supplements purchased online. The court held that Vitacost's "browsewrap" agreement—where terms and conditions were accessible only via a hyperlink at the
• Spring Lake NC, LLC v. Figueroa
  104 So. 3d 1211· Fla. 2d DCA· 2012-12-14 ·cited 17×
  Spring Lake sought to compel arbitration of a wrongful death and negligence lawsuit based on an arbitration agreement signed by the decedent. The circuit court denied the motion to compel arbitration, finding the phrase "nationally recognized arbitration association" could only b
• Sa-Pg SUN City Ctr., LLC v. Kennedy
  79 So. 3d 916· Fla. 2d DCA· 2012-02-17 ·cited 17×
  Palm Garden of Sun City Center appealed a trial court order denying its motion to compel arbitration and finding an arbitration agreement procedurally and substantively unconscionable. The Florida Second District Court of Appeal reversed, holding that the record did not support t
• Manorcare Health Servs., Inc. v. Stiehl
  22 So. 3d 96· Fla. 2d DCA· 2009-08-21 ·cited 17×
  ManorCare challenges a trial court order denying its motion to compel arbitration of a negligence and wrongful death claim based on an arbitration agreement containing remedial limitations. The court holds that remedial limitations in an arbitration agreement may be severable, al
• Linden v. Auto Trend, Inc.
  923 So. 2d 1281· Fla. 4th DCA· 2006-03-29 ·cited 17×
  A party seeking to avoid arbitration must demonstrate a substantial issue regarding the making of the arbitration agreement, and general objections or failure to specify issues at the hearing are insufficient to require an evidentiary hearing.
• Jalis Constr., Inc. v. Mintz
  724 So. 2d 1254· Fla. 4th DCA· 1999-01-27 ·cited 17×
  Jalis Construction appeals the trial court's denial of its motion to compel arbitration, arguing the court must first determine whether a valid arbitration agreement exists before ruling on the motion to compel. The appellate court reverses, holding that under Florida's Arbitrati
• Creative Tile Mktg., Inc. v. Sicis Int'l
  922 F. Supp. 1534· S.D. Fla.· 1996-04-03 ·cited 17×
  The court held that the defendant's default was excusable neglect and denied the plaintiff's motion for default judgment, granting the defendant's motion to compel arbitration.
• LaBONTE Precision, Inc. v. LPI Indus. Corp. & Norman O. Sauey, Jr.
  507 So. 2d 1202· Fla. 4th DCA· 1987-06-03 ·cited 17×
  LaBonte Precision sought to stay arbitration of a dispute arising from a contract for the sale of corporate assets, claiming lack of mutuality of remedies. The Fourth District affirmed the trial court's denial of the stay, holding that mutuality of remedies is not required to enf
• Schiffahartsgesellschaft Leonhardt & Co. v. A. Bottacchi S.A. DE Navegacion
  773 F.2d 1528· 11th Cir.· 1985-10-01 ·cited 17×·via Petition To Compel Arbitration
  The court held that the maritime attachment procedures under Rule B(1) are derived from the court's inherent admiralty powers, not exclusively from the rule itself, thus avoiding a constitutional challenge to the rule.
• Am. Bell Inc. v. Fed'n of Tel. Workers of Pa.
  736 F.2d 879· 3d Cir.· 1984-06-06 ·cited 17×·via Compel Arbitration
  The court held that equity requires treating AT&T and its subsidiaries as a single enterprise in the context of a court-ordered divestiture, thus binding a successor subsidiary to a collective bargaining agreement.
• Jaylene, Inc. v. Steuer
  22 So. 3d 711· Fla. 2d DCA· 2009-11-13 ·cited 16×
  An arbitrator, not the trial court, must decide in the first instance whether an arbitration agreement's limitations on remedies render the agreement unenforceable on public policy grounds.
• Houchins v. King Motor Co. OF Fort Lauderdale, Inc.
  906 So. 2d 325· Fla. 4th DCA· 2005-07-06 ·cited 16×
  Ronald Houchins and Martha Romero-Huertas appealed a trial court order granting King Motor Company's motion to compel arbitration. The Fourth District Court of Appeal affirmed that King did not waive its arbitration rights by filing a motion to dismiss, but reversed and remanded
• Gilman + Ciocia, Inc. v. Wetherald
  885 So. 2d 900· Fla. 4th DCA· 2004-09-22 ·cited 16×
  Gilman + Ciocia, Inc. appeals a trial court order denying its motion to compel arbitration of an employment dispute with Virginia Wetherald. The court holds that the Federal Arbitration Act applies to the employment agreement and supersedes Florida law making arbitration clauses
• Luckie v. Smith Barney
  999 F.2d 509· 11th Cir.· 1993-08-26 ·cited 16×
  Customers who entered into securities account agreements with Smith Barney containing arbitration clauses specifying the NYSE, AMEX, or NASD could not compel arbitration before the American Arbitration Association because the specific customer agreements superseded the AMEX Const
• Apollo Computer, Inc. v. Helge Berg
  886 F.2d 469· 1st Cir.· 1989-09-28 ·cited 16×
  The court held that the parties' agreement to arbitrate disputes in accordance with ICC Rules, which delegate arbitrability decisions to the arbitrator, means the arbitrator, not the court, must decide whether the arbitration agreement is valid and applicable to the assignees.
• Nat'l R.R. Passenger Corp. v. Boston & Me. Corp.
  850 F.2d 756· D.C. Cir.· 1988-06-24 ·cited 16×·via Petition To Compel Arbitration
  A broad arbitration clause in a contract is presumed to cover disputes regarding the contract's duration, unless the parties clearly demonstrate otherwise.
• Balarin v. Allstate Ins. Co.
  481 So. 2d 1263· Fla. 3d DCA· 1986-01-14 ·cited 16×·via Compel Arbitration
• Int'l Ass'n OF MacHinists & Aerospace Workers v. Republic Airlines
  761 F.2d 1386· 9th Cir.· 1985-05-24 ·cited 16×·via Compel Arbitration
  The court held that the union did not waive its right to compel arbitration and that the district court abused its discretion in conditioning the filing of an amended complaint on the payment of attorney's fees.
• Donmoor, Inc. v. Sturtevant
  449 So. 2d 869· Fla. 5th DCA· 1984-03-29 ·cited 16×
  Donmoor seeks certiorari review of an order denying its motion to compel arbitration of a sales commission dispute. The court holds that an employment arbitration agreement governed by the Federal Arbitration Act is enforceable despite the contract specifying arbitration in anoth
• Merrill Lynch v. Westwind Transp., Inc.
  442 So. 2d 414· Fla. 2d DCA· 1983-12-21 ·cited 16×
  Merrill Lynch and Brawley sought certiorari review of a trial court's denial of their motion to compel arbitration in a dispute with Westwind Transportation over option transactions. The court held that the trial court erred in applying the law of the case doctrine to deny recons
• Ziegler v. The Honorable Francis X. Knuck
  419 So. 2d 818· Fla. 3d DCA· 1982-09-28 ·cited 16×
  Prime Financial Services sought to compel arbitration of a partnership dispute with KGG, Inc. under a clear arbitration clause in their partnership agreement. The trial court denied the motion to compel arbitration, and the appellate court granted a writ of certiorari, holding th
• Bio-Analytical Servs., Inc. v. The Edgewater Hosp., Inc.
  565 F.2d 450· 7th Cir.· 1977-10-28 ·cited 16×·via Compel Arbitration
  The court held that Dr. Mark was not an indispensable party and that principles of comity did not preclude federal jurisdiction due to a pending state court action.
• In re Grand Bahama Petroleum Co. v. Asiatic Petroleum Corp.
  550 F.2d 1320· 2d Cir.· 1977-03-03 ·cited 16×·via Petition To Compel Arbitration
  New York Business Corporation Law § 1312(a) cannot be invoked to preclude a foreign corporation from maintaining an action to compel arbitration under the Federal Arbitration Act, even if diversity jurisdiction is the basis.
• Phillip Fredericks & the Monroe Educ. Ass'n v. The Sch. Bd. OF Monroe Cnty.
  307 So. 2d 463· Fla. 3d DCA· 1975-02-04 ·cited 16×·via Compel Arbitration
  A teacher and his union sought to compel a school board to proceed to arbitration as the final step of its published five-level grievance procedure. The court held that once a school board adopts a grievance procedure and processes an employee through the first four levels, the e
• The Boeing Co. v. Int'l Ass'n OF MacHinists & Aerospace Workers, AFL-CIO
  504 F.2d 307· 5th Cir.· 1974-11-15 ·cited 16×·via Compel Arbitration
  A successor employer is not automatically bound by a predecessor's collective bargaining agreement, and the duty to arbitrate requires substantial continuity in the workforce.
• Aaacon Auto Transp., Inc. v. Ninfo
  490 F.2d 83· 2d Cir.· 1974-01-02 ·cited 16×·via Petition To Compel Arbitration
  The court held that an order transferring venue under 28 U.S.C. § 1404(a) is a non-appealable interlocutory order, and the district court erred in transferring the case instead of proceeding to trial on the arbitration agreement's validity.
• Blount Bros. Constr. Co. v. Troitino
  381 F.2d 267· D.C. Cir.· 1967-02-10 ·cited 16×
  The court held that the District Court did not abuse its discretion in denying a motion to refer claims to an arbitrator and denying a motion for a stay.
• Se. Title & Ins. Co. v. Curtis
  155 So. 2d 855· Fla. 3d DCA· 1963-08-27 ·cited 16×·via Compel Arbitration
  An insurance company appealed the denial of its motion to dismiss a complaint arising from an uninsured motorist insurance policy containing an arbitration clause. The court held it lacked appellate jurisdiction because the lower court order was an interlocutory order denying a m
• Tampa HCP, LLC v. Bachor
  72 So. 3d 323· Fla. 2d DCA· 2011-10-26 ·cited 15×
  Emeritus Corporation appealed a trial court's denial of a motion to compel arbitration of negligence and statutory violation claims arising from a resident's death. The appellate court reversed, holding that the arbitration agreement was not procedurally unconscionable and that t
• Waterhouse Constr. Grp., Inc. v. 5891 SW 64TH St., LLC.
  949 So. 2d 1095· Fla. 3d DCA· 2007-02-07 ·cited 15×
  Waterhouse Construction Group and individual defendants appealed a trial court's denial of their motions to compel arbitration of plaintiffs' breach of contract and RICO claims. The appellate court reversed, holding that all claims were arbitrable under the parties' joint venture
• Benefit Ass'n Int'l, Inc. v. The Mount Sinai Comprehensive Cancer Ctr.
  816 So. 2d 164· Fla. 3d DCA· 2002-05-01 ·cited 15×
  Benefit Association International appeals a trial court order compelling arbitration in South Florida rather than Jackson, Mississippi as specified in an international health insurance policy. The court holds that the Federal Arbitration Act and the Convention on Recognition and
• Fortune Ins. Co. v. Everglades Diagnostics, Inc.
  721 So. 2d 384· Fla. 4th DCA· 1998-11-12 ·cited 15×
  Fortune Insurance sought certiorari review of a county court decision denying arbitration of a PIP insurance dispute, arguing the 30-day payment deadline in section 627.736(4)(b) does not limit when an insurer can demand arbitration under section 627.736(5). The court held that t
• Seaboard & Caribbean Transp. Corp. v. Hafen-Dampfschiffahrt A. G. Hapag-Hadac Seebaderdienst
  329 F.2d 538· 5th Cir.· 1964-03-31 ·cited 15×
  The court held that an order releasing a vessel on bond is a final, appealable decision, but an order staying proceedings pending arbitration is interlocutory and not appealable. The court affirmed the district court's discretionary order regarding security for a cross-libel.
• Kendall Imports, LLC v. Dianellys Y. Diaz
  215 So. 3d 95· Fla. 3d DCA· 2017-02-01 ·cited 14×
  Kendall Imports sold vehicles to non-English-speaking buyers who signed English-language purchase and financing documents containing arbitration clauses. The trial court denied Kendall's motion to compel arbitration, finding no valid agreement to arbitrate based on the buyers' in
• CT Miami, LLC v. Samsung Elecs. Latinoamerica Miami, Inc.
  201 So. 3d 85· Fla. 3d DCA· 2015-09-09 ·cited 14×
  CT Miami appeals a trial court order compelling arbitration of a contract dispute with Samsung's subsidiary SELA. The court held that CT Miami and SELA formed a binding Distributor Agreement containing an arbitration clause despite SELA's failure to countersign, and that no evide