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

• A/S Custodia v. Lessin Int'l, Inc.
  503 F.2d 318· 2d Cir.· 1974-06-10 ·cited 12×·via Petition To Compel Arbitration
  The court held that disputed issues of fact regarding the making of an arbitration agreement must be resolved by a trial, not on affidavits.
• Newport Motel, Inc. v. Cobin Rest., Inc.
  281 So. 2d 234· Fla. 3d DCA· 1973-06-26 ·cited 12×·via Petition To Compel Arbitration
  An arbitration award may not be reversed for a mistake of law, and an award of attorney's fees to a prevailing lessee under a lease provision is not an abuse of discretion when supported by testimony regarding the nature and extent of services rendered.
• The Bartke's, Inc. v. Hillsborough Cnty. Aviation Auth.
  217 So. 2d 885· Fla. 2d DCA· 1969-01-24 ·cited 12×·via Compel Arbitration
  Bartke's, Inc. operated a restaurant and cocktail lounge at Tampa International Airport under leases dated 1952 and 1962. When the Authority planned to move operations to a new terminal building, it sued for a declaration that Bartke's had no rights to operate there. The court he
• United Ass'n OF Journeymen & Apprentices OF the Plumbing & Pipe Fitting Indus. OF the United States & Canada v. The Honorable Roger D. Foley, Jr.
  380 F.2d 474· 9th Cir.· 1967-06-28 ·cited 12×·via Compel Arbitration
  The court held that the district court did not abuse its discretion in staying proceedings pending a National Labor Relations Board decision, as the Board's decision could resolve the core issues.
• Socony Vacuum Tanker Men's Ass'n v. Socony Mobil OIL Co., Inc.
  369 F.2d 480· 2d Cir.· 1966-12-14 ·cited 12×·via Compel Arbitration
  The court held that the dispute over employee wages under a collective bargaining agreement was arbitrable, even if the parties could not agree on the specific question to be arbitrated.
• Prima Paint Corp. v. Flood & Conklin MFG. Co.
  360 F.2d 315· 2d Cir.· 1966-05-12 ·cited 12×·via Compel Arbitration
  The court held that allegations of fraud in the inducement of a contract are for arbitrators to decide, not the court, when the arbitration clause is separable from the contract and not itself fraudulently induced.
• The Torrington Co., Inc. v. Metal Prods. Workers Union Local 1645
  347 F.2d 93· 2d Cir.· 1965-06-24 ·cited 12×·via Compel Arbitration
  The court held that the question of whether parties agreed to arbitrate a dispute is for the court, not an arbitrator, and that summary judgment was inappropriate due to disputed factual issues regarding the existence of such an agreement.
• Reiterman v. Farah Ali Abid
  26 F.4th 1226· 11th Cir.· 2022-03-02 ·cited 11×
  A subsequent mutual rescission of a contract containing an arbitration agreement challenges the existence of the contract, not its validity, and is therefore a matter for the court to decide, not an arbitrator.
• Phoenix Motor Co. v. Desert Diamond Players Club, Inc.
  144 So. 3d 694· Fla. 4th DCA· 2014-08-20 ·cited 11×
  Phoenix Motor appealed the trial court's denial of its motion to compel arbitration of a dispute with Desert Diamond regarding an export policy for vehicles purchased under separate agreements. The appellate court reversed, holding that the arbitration clause in the purchase agre
• Careplus Health Plans, Inc. v. Interamerican Med. Ctr. Grp., LLC
  124 So. 3d 968· Fla. 3d DCA· 2013-10-23 ·cited 11×
  The court held that the arbitration clause in the 2010 agreement did not compel arbitration of disputes arising from the 2004 agreement because there was no nexus between the claims and the 2010 agreement.
• Roger E. Freilich, D.M.D., P.A. v. Shochet
  96 So. 3d 1135· Fla. 4th DCA· 2012-09-12 ·cited 11×
  Dr. Freilich sought to disqualify his former attorney Shochet from representing the buyer in an arbitration proceeding, arguing a conflict of interest. The trial court compelled arbitration of the disqualification dispute based on the parties' arbitration agreement, and the appel
• Fl-Carrollwood Care, LLC v. Gordon
  72 So. 3d 162· Fla. 2d DCA· 2011-08-05 ·cited 11×
  FL-Carrollwood Care, a nursing home, challenged a trial court's denial of its motion to compel arbitration of a negligence dispute arising from a resident's death. The appellate court reversed, holding that the arbitration agreement was not unconscionable and remanded the case fo
• Swan Landing Dev., LLC v. Fla. Cap. Bank, N.A.
  19 So. 3d 1068· Fla. 2d DCA· 2009-10-02 ·cited 11×
  Swan Landing and Yazdani appealed a trial court's denial of their motion to compel arbitration of claims brought by Florida Capital Bank involving a mortgage foreclosure, breach of promissory note, and breach of commercial guaranty. The court held that while the foreclosure claim
• Episcopal Diocese OF Cent. Fla. v. Prudential Sec., Inc.
  925 So. 2d 1112· Fla. 5th DCA· 2006-04-07 ·cited 11×
  The Episcopal Diocese of Central Florida appealed a trial court order compelling arbitration of its breach of fiduciary duty claim against Prudential Securities. The Florida Fifth District Court of Appeal reversed, holding that the arbitration agreements did not encompass tort cl
• Eden Owners Ass'n, Inc. v. Eden III, Inc.
  840 So. 2d 419· Fla. 1st DCA· 2003-03-20 ·cited 11×·via Compel Arbitration
  The Eden Owners Association appealed a nonfinal order staying civil proceedings and compelling arbitration, arguing the appellees waived their right to arbitrate by engaging in litigation before requesting arbitration. The appellate court affirmed the lower court's decision, hold
• Hawkins v. James D. Eckert, P.A.
  738 So. 2d 1002· Fla. 2d DCA· 1999-07-30 ·cited 11×
  Peggy Hawkins appealed a trial court order compelling binding arbitration of a fee dispute with her former attorneys. The court held that the attorneys waived their right to arbitration by initiating litigation in circuit court, and that filing a counterclaim did not revive that
• Raffa Assocs., Inc. v. Boca Raton Resort & Club
  616 So. 2d 1096· Fla. 4th DCA· 1993-04-07 ·cited 11×
  Raffa Associates, a general contractor, appealed the trial court's denial of its motion to compel arbitration of an architect's third-party indemnity claim arising from an employee's personal injury. The court affirmed, holding that although the architect was a third-party benefi
• Nat'l Iranian OIL Co. v. Ashland OIL, Inc.
  817 F.2d 326· 5th Cir.· 1987-05-21 ·cited 11×·via Compel Arbitration
  The court held that it had jurisdiction to review the district court's denial of a motion to compel arbitration and affirmed the denial, finding that the forum selection clause designating Tehran as the seat of arbitration was enforceable and could not be overridden by claims of
• Tashea v. Bache
  802 F.2d 1337· 11th Cir.· 1986-10-21 ·cited 11×·via Compel Arbitration
  A civil damage action under RICO, alleging underlying violations of federal securities laws, is not subject to compelled arbitration under a pre-claim agreement.
• In re the Arb. of: Amalgamated Clothing & Textile Workers Union v. Ratner Corp.
  602 F.2d 1363· 9th Cir.· 1979-08-27 ·cited 11×·via Petition To Compel Arbitration
  Ratner Corporation is bound by the collective bargaining agreements signed by Ratner Manufacturing, and disputes over subcontracting fall within the scope of the arbitration clauses.
• In re the Arb. between Farkar Co.
  583 F.2d 68· 2d Cir.· 1978-08-16 ·cited 11×·via Petition To Compel Arbitration
  A non-signatory parent company can be bound by a contract signed by its subsidiary if the subsidiary is merely an alter ego, but arbitrators cannot award consequential damages if the contract expressly excludes them.
• B. Little & Co., Inc. v. Choi WAI Printing (hong Kong) Ltd.
  Fla. 3d DCA· 2023-05-31 ·cited 10×
  A defendant waives its right to challenge personal jurisdiction by seeking affirmative relief, such as a motion to compel arbitration, prior to raising the jurisdictional objection. However, a trial court abuses its discretion in denying a forum non conveniens motion when the Kin
• Northport Health Servs. OF Fla., LLC v. Rosiette Louis
  240 So. 3d 120· Fla. 5th DCA· 2018-03-02 ·cited 10×
  Northport Health Services appeals a trial court's denial of its motion to compel arbitration, arguing the arbitration agreement in a nursing home admission contract was enforceable. The Fifth District Court of Appeal reversed, finding that while an arbitration provision requiring
• Jose and Vanessa Arrasola v. MGP Motor Holdings, LLC
  172 So. 3d 508· Fla. 3d DCA· 2015-08-05 ·cited 10×
  The Arrasólas appealed an order compelling arbitration of their fraud and consumer protection claims against Kendall Mitsubishi arising from a vehicle purchase. The Florida Third District Court of Appeal affirmed, holding that the arbitration agreement in the signed Retail Buyer'
• Allscripts Healthcare Solutions, Inc. v. Pain Clinic OF Nw. Fla., Inc.
  158 So. 3d 644· Fla. 3d DCA· 2014-08-13 ·cited 10×
  Allscripts Healthcare Solutions, a non-signatory to master software licensing agreements, sought to compel arbitration of a class action lawsuit filed by doctors and healthcare providers who purchased software licenses through Allscripts' subsidiary. The court affirmed denial of
• Truly Nolen OF Am., Inc. v. King Cole Condo. Ass'n, Inc.
  143 So. 3d 1015· Fla. 3d DCA· 2014-07-23 ·cited 10×
  Truly Nolen appealed a trial court order denying its motion to compel arbitration on the ground that it had waived the right by simultaneously filing a motion to transfer venue. The Third District Court of Appeal reversed, holding that filing pre-answer motions simultaneously wit
• Mendez v. Hampton Court Nursing Ctr., LLC
  140 So. 3d 671· Fla. 3d DCA· 2014-06-04 ·cited 10×·via Compel Arbitration
  Juan Mendez, Jr. appeals a trial court order compelling arbitration of a negligence claim filed on behalf of his incapacitated father against a nursing home. The Third District affirms, holding that the father was an intended third-party beneficiary of the care agreement containi
• Feldman v. Davis
  53 So. 3d 1132· Fla. 4th DCA· 2011-02-02 ·cited 10×
  Daniel Feldman appeals the trial court's order compelling arbitration of a fee dispute with his former law firm, Davis Griffey Law Firm. The appellate court holds that the arbitration provision in the contingency fee agreement is narrowly limited to determining a 'probable fee' o
• Price v. FAX Recovery Sys., Inc.
  49 So. 3d 835· Fla. 4th DCA· 2010-12-08 ·cited 10×
  The court held that the defendant did not waive his right to arbitrate by filing a counterclaim, as he had previously asserted his right to arbitrate multiple times.
• Lloyds Underwriters & Osprey Underwriting Agency, Ltd. v. Netterstrom
  17 So. 3d 732· Fla. 1st DCA· 2009-07-16 ·cited 10×
  This appeal concerns whether an arbitration clause in a maritime insurance policy issued by Lloyds of London is enforceable despite Florida law prohibiting arbitration of insurance coverage disputes. The court held that the arbitration clause is clear and unambiguous, and that th
• The Operis Grp. v. E.I. AT Doral, LLC
  973 So. 2d 485· Fla. 3d DCA· 2007-10-24 ·cited 10×
  Operis Group appeals a trial court order granting a stay of litigation and compelling arbitration based on an alleged contract. The appellate court reverses, holding that the trial court must first determine whether the parties actually executed the disputed contract before enfor
• Ira D. Giller v. Cafeteria OF S. Beach Ltd., LLP
  967 So. 2d 240· Fla. 3d DCA· 2007-08-29 ·cited 10×
  Ira Giller, an architect sued individually for professional malpractice arising from architectural services, appealed the denial of his motion to compel arbitration. The Florida appellate court held that Giller, though not expressly named as a party, was entitled to invoke the ar
• Mercedes Homes, Inc. v. Colon
  966 So. 2d 10· Fla. 5th DCA· 2007-08-10 ·cited 10×
  Mercedes Homes appeals a trial court order denying its motion to compel arbitration of a homeowner's negligence claim arising from alleged defective sod installation. The Fifth District reverses, holding that the arbitration agreement's clear language required the arbitrator, not
• Taylor v. Steckel
  944 So. 2d 494· Fla. 3d DCA· 2006-12-13 ·cited 10×
  Taylor, the seller of real property, appealed a trial court's denial of her motion to compel arbitration and the extension of a lis pendens filed by the buyer Steckel. The appellate court reversed the arbitration denial, finding that the broker consent requirement in the contract
• Pub. Health Tr. v. Heriberto Hernandez
  751 So. 2d 124· Fla. 3d DCA· 2000-01-12 ·cited 10×·via Compel Arbitration
  Public Health Trust appeals a circuit court order compelling arbitration of a former employee's termination dispute. The court reverses, holding that the employee was contractually obligated to exhaust the four-step grievance procedure outlined in the collective bargaining agreem
• Shoma Dev. Corp. v. Rodriguez
  730 So. 2d 838· Fla. 3d DCA· 1999-04-14 ·cited 10×
  Shoma Development Corp. appealed a trial court's denial of its motion to compel arbitration in a homeowner class action lawsuit. The court held that Shoma waived its right to arbitration by actively participating in litigation for seven months before seeking to enforce the arbitr
• Fortune Ins. Co. v. U.S.A. Diagnostics, Inc.
  684 So. 2d 208· Fla. 4th DCA· 1996-11-13 ·cited 10×
  Fortune Insurance Company appealed an order denying its motion to compel arbitration of a dispute with USA Diagnostics over timely payment of personal injury protection (PIP) benefits and statutory penalty interest. The court reversed, holding that the insurance policy's broad ar
• U.S. Sec. Ins. Co. v. Magnetic Imaging Sys.
  678 So. 2d 872· Fla. 3d DCA· 1996-08-14 ·cited 10×
  U.S. Security Insurance Company appeals the denial of its motion to compel arbitration of a statutory interest claim for late payment of personal injury protection benefits. The Florida Third District Court of Appeal reverses, holding that statutory late-payment interest claims c
• Prudential-Bache Sec., Inc. v. Fitch
  966 F.2d 981· 5th Cir.· 1992-07-24 ·cited 10×·via Petition To Compel Arbitration
  The court held that the Federal Arbitration Act does not create independent federal question jurisdiction, and a petition to compel arbitration must independently establish federal jurisdiction based on the petition's face, not the underlying dispute.
• Republic OF Nicaragua v. Standard Fruit Co.
  937 F.2d 469· 9th Cir.· 1991-07-01 ·cited 10×
  The court held that the district court erred in denying Nicaragua's motion to compel arbitration by improperly considering the validity of the entire contract rather than just the arbitration clause. The court also reversed the grant of summary judgment, finding genuine disputes
• Nordin v. Nutri/System, Inc.
  897 F.2d 339· 8th Cir.· 1990-02-28 ·cited 10×
  The court held that it has jurisdiction to review the district court's order enjoining arbitration and denying the motion to compel arbitration, but not the order denying the venue transfer. The court affirmed the district court's decisions, finding no agreement to arbitrate the
• Bobbie Brooks, Inc. v. Int'l Ladies' Garment Workers Union
  835 F.2d 1164· 6th Cir.· 1987-12-29 ·cited 10×·via Compel Arbitration
  The dissenting judge argues that a collective bargaining agreement cannot be considered valid and enforceable if substantive terms are left open for future resolution, as this improperly involves judicial compulsion of contract terms.
• Webster v. Valiant Ins. Co.
  512 So. 2d 971· Fla. 5th DCA· 1987-07-30 ·cited 10×·via Petition To Compel Arbitration
  The court held that judges should defer to legislative bodies when creating new doctrines or answering policy questions.
• Raymond v. Wieneke
  479 So. 2d 754· Fla. 3d DCA· 1985-12-17 ·cited 10×
• Unionmutual Stock Life Ins. Co. OF Am. v. Beneficial Life Ins. Co.
  774 F.2d 524· 1st Cir.· 1985-10-09 ·cited 10×·via Petition To Compel Arbitration
  The court held that an agreement to arbitrate in a specific forum implies consent to that forum's personal jurisdiction, and that an attempted rescission of the entire contract does not invalidate the arbitration clause under the severability doctrine.
• Retail Delivery Drivers v. Servomation Corp.
  717 F.2d 475· 9th Cir.· 1983-09-30 ·cited 10×·via Petition To Compel Arbitration
  The court held that procedural questions, including the timeliness of a demand for arbitration, are generally for the arbitrator to decide, not the court, when the parties have agreed to arbitrate the subject matter of the dispute.
• The Cincinnati GAS & Elec. Co. & the Dayton Power & Light Co. v. Benjamin F. Shaw Co.
  706 F.2d 155· 6th Cir.· 1983-04-27 ·cited 10×
  An order compelling arbitration and staying proceedings is immediately appealable under 28 U.S.C. § 1291. The district court did not err in determining arbitrability without an evidentiary hearing.
• DELTA AIR Lines, Inc. v. Civil Aeronautics Bd.
  574 F.2d 546· D.C. Cir.· 1978-01-20 ·cited 10×·via Petition To Compel Arbitration
  The Civil Aeronautics Board (CAB) had the discretion to delegate the procedural issue of timeliness for arbitration requests to an arbitrator, and it did not abuse that discretion in this case.
• Int'l Ass'n OF MacHinists v. Howmet Corp.
  466 F.2d 1249· 9th Cir.· 1972-09-11 ·cited 10×·via Compel Arbitration
  The court held that while the grievances were generally arbitrable, compelling arbitration on issues that would require Menasco to violate its collective bargaining agreements with other unions or commit unfair labor practices would foster industrial strife and should not be comp
• Aberle Hosiery Co. v. Am. Arb. Ass'n & Speizman Indus.
  461 F.2d 1005· 3d Cir.· 1972-05-24 ·cited 10×·via Petition To Compel Arbitration
  The court held that it lacks jurisdiction to hear the appeal because the order appealed from is interlocutory and does not decide the issue of arbitrability.