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

• Zephyr Haven Health & Rehab Ctr., Inc. v. Hardin
  122 So. 3d 916· Fla. 2d DCA· 2013-09-27 ·cited 14×
  Zephyr Haven Health & Rehab Center challenged a trial court's order denying its motion to compel arbitration of Edna Hardin's nursing facility negligence claims. The court reversed, finding that Hardin failed to meet her burden of proving financial impossibility, unconscionabilit
• Roger L. Gordon, M.D. v. Shield
  41 So. 3d 931· Fla. 4th DCA· 2010-07-14 ·cited 14×
  Dr. Gordon and Strax Rejuvenation sought to compel arbitration of a medical malpractice claim, but the trial court ruled they waived arbitration rights by participating in mandatory presuit procedures under Florida Statute chapter 766. The appellate court reversed, holding that c
• Carrington Place OF ST. Pete, LLC v. The Est. OF Jennie Milo
  19 So. 3d 340· Fla. 2d DCA· 2009-03-25 ·cited 14×·via Compel Arbitration
  A nursing home and its management appealed the trial court's denial of their motion to compel arbitration based on an arbitration agreement signed by the deceased resident's attorney-in-fact. The court held that the durable power of attorney did not grant the attorney-in-fact aut
• Shotts v. OP Winter Haven, Inc.
  988 So. 2d 639· Fla. 2d DCA· 2008-06-18 ·cited 14×
  Gayle Shotts, as representative of her deceased uncle's estate, appealed an order compelling binding arbitration of a negligence and breach of fiduciary duty claim against a nursing home. The court affirmed the compulsion to arbitrate, finding the arbitration agreement was not un
• Rowe Enters. LLC v. Int'l Sys. & Elecs. Corp.
  932 So. 2d 537· Fla. 1st DCA· 2006-06-22 ·cited 14×
  Rowe Enterprises sought review of an order compelling arbitration in a contract dispute with International Systems & Electronics Corporation (ISE). The court reversed, holding that when a party raises a substantial factual dispute about whether an arbitration agreement was ever e
• Fla. Power & Light Co. v. Rd. Rock, Inc.
  920 So. 2d 201· Fla. 4th DCA· 2006-02-15 ·cited 14×
  A non-signatory to a contract cannot compel arbitration unless they are an intended third-party beneficiary, and assignment of contractual rights requires written consent.
• Paola BRICEÑO v. Sprint Spectrum, L.P.
  911 So. 2d 176· Fla. 3d DCA· 2005-08-31 ·cited 14×
  Paola Briceño appealed a trial court's order compelling arbitration of her privacy and electronic communications claims against Sprint. The court affirmed, holding that Sprint's arbitration clause in its Terms and Conditions was valid and enforceable under Kansas law, as Briceño
• Extendicare Health Servs., Inc. v. Est. OF Benjamin Patterson
  898 So. 2d 989· Fla. 5th DCA· 2005-03-04 ·cited 14×
  Extendicare and Partners Health Group appealed a trial court's denial of their motion to compel arbitration in a wrongful death negligence suit filed by the estate of a nursing home resident. The court affirmed, holding that the nursing home operators could not compel arbitration
• Palm Beach Motor Cars Ltd., Inc. v. Jeffries
  885 So. 2d 990· Fla. 4th DCA· 2004-11-03 ·cited 14×
  Palm Beach Motor Cars appealed a trial court's denial of its motion to compel arbitration of a dispute with a customer. The court found the arbitration clause both procedurally and substantively unconscionable due to the clause's placement in tiny print on the back of a purchase
• Prudential Sec. Inc. v. Ruskin
  707 So. 2d 782· Fla. 4th DCA· 1998-01-14 ·cited 14×·via Petition To Compel Arbitration
  Prudential Securities and an employee appealed a circuit court order denying their request for statutory attorney's fees under Florida's securities law following arbitration of a dispute with Dr. Ruskin. The court affirmed, holding that the defendants waived their right to attorn
• Lloyd and Nikki Hough v. JKP Dev., Inc.
  654 So. 2d 1241· Fla. 3d DCA· 1995-05-10 ·cited 14×
  JKP Development filed a construction lien foreclosure action but did not immediately seek arbitration despite a contractual arbitration clause, instead litigating for eight weeks before requesting arbitration. The Florida District Court of Appeal held that JKP waived its arbitrat
• Shearson v. Lifshutz
  595 So. 2d 996· Fla. 4th DCA· 1992-03-04 ·cited 14×
  In this non-final appeal, the Fourth District Court of Appeal affirmed the trial court's denial of a motion to compel arbitration, holding that the appellants (brokerage firm and representatives) failed to establish an enforceable written agreement to arbitrate disputes regarding
• In re Cajun Elec. Power Coop., Inc. v. Riley Stoker Corp.
  791 F.2d 353· 5th Cir.· 1986-06-09 ·cited 14×·via Petition To Compel Arbitration
  The court held that an arbitration clause, physically present and clearly labeled within a contract's incorporated documents, is binding even if the party claims it was a clerical error or they did not read it, absent fraud or misrepresentation.
• Miller Constr. Co., Inc. v. The First Baptist Church OF Live OAK, Inc.
  396 So. 2d 281· Fla. 1st DCA· 1981-04-08 ·cited 14×
  Miller Construction appealed the trial court's denial of its motion to compel arbitration in a dispute with First Baptist Church over construction defects. The court held that Miller did not waive its right to arbitration by attempting amicable settlement, and that the Church wai
• Dupuy-Busching Gen. Agency, Inc. v. Ambassador Ins. Co.
  524 F.2d 1275· 5th Cir.· 1975-12-24 ·cited 14×·via Petition To Compel Arbitration
  A party seeking arbitration may assert its Section 4 right in the district where the opposing party filed suit to enjoin arbitration, even if that district differs from the contractually agreed-upon arbitration venue.
• Local 416 v. Helgesteel Corp.
  507 F.2d 1053· 7th Cir.· 1974-12-27 ·cited 14×·via Compel Arbitration
  The court held that Article XI of the collective bargaining agreement, not Article X, controlled the jurisdictional dispute, requiring submission to the National Joint Board. Therefore, the district court's judgments were reversed.
• In re Arbitration Between Edward L. Bealmer and Pat Brown v. Texaco
  427 F.2d 885· 9th Cir.· 1970-06-03 ·cited 14×·via Compel Arbitration
  The court held that procedural issues regarding arbitrability of a back pay dispute under a collective bargaining agreement are for the arbitrator to decide, not the court.
• Gen. Warehousemen & Emps. Union NO. 636 v. Am. Hardware Supply Co.
  329 F.2d 789· 3d Cir.· 1964-03-25 ·cited 14×·via Compel Arbitration
  A court's role is limited to determining if a party has breached its promise to arbitrate, not weighing the merits of the grievance itself.
• Turkish State Railways Admin. v. Vulcan Iron Works
  230 F.2d 108· 3d Cir.· 1956-02-09 ·cited 14×
  The court held that an order denying a motion to stay proceedings pending arbitration is not an appealable interlocutory order unless it falls within specific exceptions, which this case does not.
• Ira Marcus v. Fla. Bagels, LLC
  112 So. 3d 631· Fla. 4th DCA· 2013-04-24 ·cited 13×·via Compel Arbitration
  A non-party to an arbitration agreement cannot invoke the doctrine of equitable estoppel to compel arbitration when the parties to the agreement have repudiated it and elected to pursue litigation instead. The court affirmed the denial of Marcus's motion to compel arbitration, ho
• Lepisto v. Senior Lifestyle Newport Ltd. P'ship
  78 So. 3d 89· Fla. 4th DCA· 2012-01-25 ·cited 13×·via Compel Arbitration
  The Lepistos appealed a trial court order compelling arbitration of their negligence claim against an assisted living facility. The Fourth District Court of Appeal reversed, holding that Nancy Lepisto, who signed the arbitration agreement only as the 'Financially Responsible Part
• Bland v. Green Acres Grp., L.L.C.
  12 So. 3d 822· Fla. 4th DCA· 2009-05-27 ·cited 13×
  Julian Bland appealed the trial court's denial of his motion to compel arbitration in a breach of contract dispute with Green Acres Group, LLC. The Fourth District Court of Appeal affirmed, holding that Bland waived the arbitration clause through his pre- and post-suit conduct, i
• Santos v. Gen. Dynamics Aviation Servs. Corp.
  984 So. 2d 658· Fla. 4th DCA· 2008-06-25 ·cited 13×
  Santos appealed a trial court order compelling arbitration of his employment discrimination claims under a Dispute Resolution Policy (DRP) implemented by his employer, General Dynamics. The Fourth District Court of Appeal affirmed, holding that the DRP constituted a valid and enf
• The Est. OF Lee L. Williams, Sr. v. Manor Care OF Dunedin, Inc.
  923 So. 2d 615· Fla. 2d DCA· 2006-03-29 ·cited 13×
  The Estate of Lee L. Williams, Sr. appeals a circuit court order compelling arbitration of a negligence action against Manor Care nursing facility. The appellate court reverses, holding that Manor Care waived its right to arbitration by filing an answer demanding jury trial witho
• Wegner v. Schillinger
  921 So. 2d 854· Fla. 4th DCA· 2006-03-08 ·cited 13×
  This appeal challenges an order denying a motion to compel arbitration. The court dismisses the appeal as untimely because appellants failed to appeal the initial January 24, 2005 denial order within 30 days and could not revive their appellate rights by filing a renewed motion a
• Raymond James Fin. Servs., Inc. v. Saldukas
  851 So. 2d 853· Fla. 2d DCA· 2003-08-08 ·cited 13×
  Raymond James appealed a trial court's denial of its motion to compel arbitration, arguing it did not waive its right to arbitrate a dispute with Saldukas and Stesal LLC. The Second District affirmed, holding that no showing of prejudice is required to establish waiver of the rig
• Lord & SON Constr., Inc. v. Roberts Elec. Contractors, Inc.
  624 So. 2d 376· Fla. 1st DCA· 1993-09-22 ·cited 13×
  Lord & Son Construction and its surety appealed a judgment in favor of subcontractor Roberts Electrical Contractors in a contract dispute over construction delays. The court reversed, holding that the subcontract unambiguously incorporated the general contract's arbitration provi
• Proper v. DON Conolly Constr. Co., Inc.
  546 So. 2d 758· Fla. 2d DCA· 1989-07-12 ·cited 13×
  Appellant challenges an order compelling arbitration, arguing the trial court failed to conduct a full evidentiary hearing on whether an arbitration clause was incorporated into a modified construction contract. The court affirmed, holding that the trial court properly complied w
• Malone & Hyde, Inc. v. RTC Transp., Inc.
  515 So. 2d 365· Fla. 4th DCA· 1987-11-12 ·cited 13×·via Compel Arbitration
  Malone & Hyde appeals an order compelling arbitration arising from a personal injury settlement stipulation. The court reversed, holding that the stipulation lacked sufficiently definite terms regarding arbitration procedures, form, number of arbitrators, and selection method to
• Pipe Trades Council OF N. Cal. v. Underground Contractors Ass'n OF N. Cal.
  835 F.2d 1275· 9th Cir.· 1987-09-24 ·cited 13×
  The court held that the appeal from the denial of the first motion to compel arbitration is moot due to a subsequent arbitrator's ruling, and affirmed the imposition of Rule 11 sanctions for filing a second, duplicitous motion while an appeal was pending.
• Md. Cas. Co. v. State of Fla. Dep't OF Gen. Servs. & the Fla. Bd. of Regents
  489 So. 2d 57· Fla. 2d DCA· 1986-03-21 ·cited 13×
  Maryland Casualty Company appealed a trial court's denial of its motion to compel arbitration in a construction dispute involving the Sun Dome at the University of South Florida. The court affirmed, holding that Maryland Casualty, as an insurance provider, was merely an incidenta
• Mar-Len OF La., Inc. v. Parsons-Gilbane
  773 F.2d 633· 5th Cir.· 1985-10-11 ·cited 13×
  The court held that the dispute regarding the validity of contract modifications obtained under alleged economic duress is subject to the arbitration agreement's broad scope.
• First Green Indus. a.s. v. Solar Dairy LLC
  S.D. Fla.· 2024-09-24 ·cited 12×
  The court recommended granting the petitioner's motion for final default judgment, confirming the international arbitration award and awarding damages, interest, and ordering the respondent to complete a debtor information form.
• Metropcs Commc'ns v. Porter
  273 So. 3d 1025· Fla. 3d DCA· 2018-12-26 ·cited 12×
  MetroPCS appeals a trial court's denial of its motion to compel arbitration of a consumer class action claim brought by Jorge Porter. The central issue is whether Porter received adequate notice of an arbitration provision in MetroPCS's terms and conditions of service. The appell
• Allied Prof'ls Ins. Co. v. Fitzpatrick
  169 So. 3d 138· Fla. 4th DCA· 2015-05-06 ·cited 12×
  Allied Professionals Insurance Company appealed a circuit court's order denying its motion to compel arbitration of a lawsuit filed by non-signatories to an insurance policy. The Fourth District Court of Appeal reversed, holding that because the arbitration provision contained an
• Fi-Evergreen Woods, LLC v. Robinson
  135 So. 3d 331· Fla. 5th DCA· 2013-10-04 ·cited 12×
  Fi-Evergreen Woods, Themis Health Management, and Airamid Health Services appealed the denial of their motions to compel arbitration in a nursing home negligence case. The court reversed and remanded, finding that a substantial issue existed regarding whether the resident assente
• Presidential Leasing, Inc. v. Krout
  896 So. 2d 938· Fla. 5th DCA· 2005-03-04 ·cited 12×
  Presidential Leasing sought to compel arbitration of a consumer's claims for vehicle purchase fraud and deceptive trade practices based on an arbitration clause in the purchase order. The court affirmed the trial court's denial of the motion to compel arbitration, finding that a
• Merrill Lynch Pierce Fenner & Smith, Inc. v. Adams
  791 So. 2d 25· Fla. 2d DCA· 2001-04-06 ·cited 12×
  Merrill Lynch and Thomas Ashman appealed a trial court order denying their motion to dismiss and sever claims and finding that appellees' claims were eligible for arbitration. The court affirmed, holding that appellees' participation in discovery did not constitute sufficient lit
• In re Arb. Between Johns & Taramita, Inc.
  132 F. Supp. 2d 1021· S.D. Fla.· 2001-02-08 ·cited 12×·via Petition To Compel Arbitration
  A forum selection clause alone is insufficient to confer personal jurisdiction over a non-resident defendant in Florida, absent an independent basis under Florida's long-arm statute.
• Lude Henderson v. Coral Springs Nissan, Inc.
  757 So. 2d 577· Fla. 4th DCA· 2000-05-03 ·cited 12×
  Henderson purchased a vehicle from Coral Springs Nissan under a contract containing an arbitration clause, but the dealership rescinded the contract the next day. The trial court compelled arbitration of Henderson's FDUTPA claim despite the contract's rescission. The court revers
• Great W. Fin. Sec. Corp. v. Zachariah Grandison and Olivia Grandison
  701 So. 2d 1202· Fla. 5th DCA· 1997-11-21 ·cited 12×
  Great Western Financial Securities Corporation appeals a trial court's denial of its motion to compel arbitration based on an arbitration clause in a client agreement. The court reversed, holding that fraud allegations directed at the underlying contract rather than the arbitrati
• ARCH Se. Commc'ns, Inc. v. Abraham Commc'ns, Inc.
  702 So. 2d 556· Fla. 2d DCA· 1997-11-14 ·cited 12×
  Arch Southeast Communications appealed a final judgment where the trial court barred Arch from challenging the validity of an alleged oral settlement agreement under the law of the case doctrine. The appellate court reversed, holding that the law of the case doctrine did not prev
• Nester v. Montalvo and Carmen Montalvo
  643 So. 2d 648· Fla. 5th DCA· 1994-09-30 ·cited 12×·via Petition To Compel Arbitration
  Montalvo appealed a trial court's reduction of an arbitration award by 50% based on an 'other insurance' clause in his Travelers policy. The Florida appellate court reversed, holding that Travelers, as the primary insurer under Montalvo's policy, cannot reduce the arbitration awa
• Raymond v. Wieneke
  479 So. 2d 752· Fla. 3d DCA· 1985-09-17 ·cited 12×
  The Third District Court of Appeal held that it has jurisdiction to review an order of a Dade County circuit court denying a motion to compel arbitration, even though the circuit court had transferred venue to Pinellas County before the appeal was filed. The court rejected argume
• Nationwide Ins. Co. v. Sunny Cooperstock
  472 So. 2d 547· Fla. 4th DCA· 1985-07-03 ·cited 12×
  Nationwide Insurance sought review of a trial court order compelling arbitration of whether a police officer was negligent in striking the insured's vehicle. The Fourth District held that coverage issues, including the threshold determination of negligence affecting coverage elig
• Downing v. Merrill Lynch
  725 F.2d 192· 2d Cir.· 1984-01-09 ·cited 12×
  The court held that the NYSE's rules constitute a binding contract among signatories, including registered representatives, and that the district court has jurisdiction to compel arbitration if Merrill Lynch defaulted on its agreement.
• Caribbean S.S. Co. v. Sonmez Denizcilik VE Ticaret A. S.
  598 F.2d 1264· 2d Cir.· 1979-05-17 ·cited 12×·via Petition To Compel Arbitration
  The court held that despite a prior ruling that the cargo owner's claim was non-arbitrable, the charterer, after assignment from the insurer, could compel arbitration of the cargo loss claim due to the unusual circumstances and the broad arbitration clause.
• Auto v. BAY Area Sealers, Inc.
  577 F.2d 609· 9th Cir.· 1978-06-29 ·cited 12×·via Compel Arbitration
  The defense of abandonment of a collective bargaining agreement should be decided by an arbitrator, not the district court.
• Nashville Newspaper Printing Pressmen's Union Local 50 v. Newspaper Printing Corp.
  518 F.2d 351· 6th Cir.· 1975-06-09 ·cited 12×·via Petition To Compel Arbitration
  The court held that the parties' actions indicated an agreement to arbitrate the contract dispute, and the lower court did not abuse its discretion in ordering arbitration.
• Econo-Car Int'l, Inc. v. Antilles CAR Rentals, Inc.
  499 F.2d 1391· 3d Cir.· 1974-06-28 ·cited 12×·via Petition To Compel Arbitration
  The Federal Arbitration Act applies to the district court for the Virgin Islands, granting it authority to compel arbitration, but section 4 limits the court's power to order arbitration within its own district.