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

• H. K. Porter Co., Inc. v. Local 37, United Steelworkers OF Am., AFL-CIO
  400 F.2d 691· 4th Cir.· 1968-09-05 ·cited 10×·via Compel Arbitration
  The court held that a collective bargaining agreement's broad arbitration clause, coupled with a no-sue clause, required arbitration of the company's claim for damages resulting from a union-sanctioned strike, and that the district court did not abuse its discretion in quashing a
• Local Union NO. 490 v. Kirkhill Rubber Co.
  367 F.2d 956· 9th Cir.· 1966-09-26 ·cited 10×·via Petition To Compel Arbitration
  The court held that a dispute concerning the number of hours to which a rate of pay applies is not a dispute regarding 'rates of pay' and is therefore subject to arbitration under the collective bargaining agreement.
• Camden Indus. Co., Inc. v. Carpenters Local Union NO. 1688
  353 F.2d 178· 1st Cir.· 1965-12-02 ·cited 10×·via Compel Arbitration
  The court held that the dispute should proceed to arbitration, as it could not be determined with certainty that the union's claim would require a change to the agreement, thus falling outside the proviso.
• S. Fireproofing Co. v. R. F. Ball Constr. Co., Inc.
  334 F.2d 122· 8th Cir.· 1964-07-07 ·cited 10×·via Compel Arbitration
  A general contractor is not liable to a subcontractor for delay damages caused by subsurface conditions or other factors, absent specific contractual provisions making the contractor responsible for such delays or guaranteeing specific completion dates.
• Publishers' Ass'n OF NEW York City (on behalf of its member v. NEW York Mailers' Union No. SIX
  317 F.2d 624· 2d Cir.· 1963-05-20 ·cited 10×·via Compel Arbitration
  A district court order compelling arbitration is affirmed, but an order staying union action is reversed because it violates the Norris-LaGuardia Act.
• Milk Drivers & Dairy Emps. Union Local NO. 388 v. Dairymen's League Co-Operative Ass'n, Inc.
  304 F.2d 913· 2d Cir.· 1962-07-19 ·cited 10×·via Petition To Compel Arbitration
  The court affirmed the district court's decision to stay proceedings and deny an injunction, finding it within the court's discretion given a pending state court action on the same dispute.
• Fi-Evergreen Woods, LLC v. The Est. OF May L. Robinson
  172 So. 3d 493· Fla. 5th DCA· 2015-07-24 ·cited 9×
  In this second appeal of a nursing home arbitration dispute, the Florida Fifth District Court of Appeal reversed the trial court's denial of a motion to compel arbitration, holding that a husband had apparent authority to bind his wife to an arbitration agreement when she express
• 13 Parcels LLC v. Edie Laquer
  104 So. 3d 377· Fla. 3d DCA· 2012-12-26 ·cited 9×
  The Third District Court of Appeal reversed the trial court's denial of defendants' motions to compel arbitration in a dispute arising from foreclosure lawsuits. The court held that the defendants did not waive their contractual right to arbitrate the issue of whether they owed a
• ATP Flight Sch., LLC v. SAX
  44 So. 3d 248· Fla. 4th DCA· 2010-10-06 ·cited 9×
  ATP Flight School appealed a trial court's denial of its motion to compel arbitration in a wrongful death action arising from a fatal plane crash during flight training. The Fourth District Court of Appeal reversed, holding that the trial court erred in deciding unconscionability
• Premier Real Est. Holdings, LLC v. Park I. Butch
  24 So. 3d 708· Fla. 4th DCA· 2009-12-23 ·cited 9×
  Premier Real Estate Holdings appeals a trial court's denial of its motion to compel arbitration in a commercial real estate dispute over a deposit. The Fourth District reversed, holding that an arbitration clause with a blank line for the arbitration rules was still valid and enf
• Gen. Impact Glass & Windows Corp. v. Rollac Shutter OF Tex., Inc.
  8 So. 3d 1165· Fla. 3d DCA· 2009-04-08 ·cited 9×
  The court held that a valid written agreement to arbitrate did not exist because the arbitration terms were in a separate document not incorporated into the parties' exchanged writings, and thus General Impact did not agree to arbitrate.
• The Auchter Co. v. Fouad Zagloul
  949 So. 2d 1189· Fla. 1st DCA· 2007-03-07 ·cited 9×
  The Auchter Company (contractor) appealed the trial court's denial of its motion to compel mediation and arbitration under an AIA construction contract. The court held that mediation and arbitration provisions survive contract termination and reversed, requiring the parties to su
• Engle Homes, Inc. v. Jones
  870 So. 2d 908· Fla. 4th DCA· 2004-04-14 ·cited 9×
  Engle Homes appealed the trial court's denial of its motion to compel arbitration of the Joneses' mold-related damages claims. The court reversed, holding that the arbitration clause in the Purchase Agreement survived closing and clearly covered the Joneses' negligent design and
• Royal Prof'l Builders, Inc. v. Roggin
  853 So. 2d 520· Fla. 4th DCA· 2003-08-27 ·cited 9×
  Royal Professional Builders appeals the trial court's denial of its motion to compel arbitration in a breach of contract dispute over defects in a home constructed in 1992. The court affirmed the denial, holding that the homeowner's claims fell outside the scope of the limited wa
• Dodge OF Winter Park, Inc. v. Morley
  756 So. 2d 1085· Fla. 5th DCA· 2000-04-28 ·cited 9×
  Dodge of Winter Park sought to enforce an arbitration agreement against the Morleys despite the dealer's failure to sign the agreement. The court held that an arbitration agreement can be enforced against a non-signing party when the other party signed it and the unsigned agreeme
• Regency Island Dunes, Inc. v. Foley & Assocs. Constr. Co., Inc.
  697 So. 2d 217· Fla. 4th DCA· 1997-07-23 ·cited 9×·via Compel Arbitration
  The trial court erred in compelling a parent corporation to arbitrate based on an unsupported alter ego theory without evidence and without providing notice to the nonparty.
• Chicago Ins. Co. v. Tarr
  638 So. 2d 106· Fla. 3d DCA· 1994-05-24 ·cited 9×·via Compel Arbitration
  Chicago Insurance Company appealed a summary judgment enforcing an ex parte arbitration award against it in an uninsured motorist claim. The court reversed, holding that ex parte arbitration awards cannot be enforced unless the insurance policy explicitly provides for ex parte ar
• David L. Threlkeld & Co., Inc. v. Metallgesellschaft Ltd. (London)
  923 F.2d 245· 2d Cir.· 1991-01-15 ·cited 9×
  The court held that the district court erred in applying summary judgment standards to a motion to compel arbitration and that the claims were subject to arbitration under the LME Rules.
• In re The Arb. between Interbras Cayman Co. v. Orient Victory Shipping Co., S.A.
  663 F.2d 4· 2d Cir.· 1981-11-02 ·cited 9×·via Compel Arbitration
  The court held that a genuine issue of fact existed regarding whether Orient was a party to the arbitration agreement, requiring a trial under 9 U.S.C. § 4.
• Caltagirone v. The Sch. Bd. OF Hernando Cnty.
  355 So. 2d 873· Fla. 2d DCA· 1978-03-08 ·cited 9×·via Compel Arbitration
  The court held that the trial court properly enjoined arbitration pending determination of contract validity, but erred in dismissing the counterclaim for breach of contract damages.
• Midwest Mut. Ins. Co. v. Brasecker
  311 So. 2d 817· Fla. 3d DCA· 1975-04-15 ·cited 9×·via Compel Arbitration
  The court held that an insurer's duty to act in good faith in handling claims, which can lead to damages for bad faith, does not apply to uninsured motorist coverage claims.
• In re Arb. between Imp. Exp. Steel Corp. & Nimpex Int'l, Inc. v. Miss. Valley Barge Line Co.
  351 F.2d 503· 2d Cir.· 1965-07-29 ·cited 9×·via Petition To Compel Arbitration
  A subcharterer is bound by an arbitration clause incorporated into bills of lading if it assumed the obligations of the disponent owner under the charter party and the bills of lading clearly incorporate the arbitration clause. However, a mere notify party on the bills of lading
• Addit, LLC v. Est. of Carl N. Ingolia
  341 So. 3d 362· Fla. 2d DCA· 2022-04-27 ·cited 8×
  The appellate court reversed a trial court's decision denying motions to compel arbitration. The court found that while some provisions of the arbitration agreement were unconscionable, they were severable, allowing the remainder of the agreement to be enforced.
• Anne Obolensky v. Chatsworth at Wellington Green
  240 So. 3d 6· Fla. 4th DCA· 2018-02-28 ·cited 8×
  An arbitration agreement containing an express severability clause remains enforceable even when certain limitation of liability provisions are deemed invalid, because the severability clause demonstrates that the parties did not intend the invalid provisions to be essential to t
• Rodin Younessi v. Recovery Racing, LLC
  88 So. 3d 364· Fla. 4th DCA· 2012-05-09 ·cited 8×
  Younessi appeals a trial court order directing the parties to select an arbitrator outside the contractual arbitration process. The appellate court reversed, holding that when a contract expressly incorporates American Arbitration Association (AAA) rules, those rules must be foll
• Jay Wallshein, M.D. v. Richard G. Shugarman, M.D.
  50 So. 3d 89· Fla. 4th DCA· 2010-12-15 ·cited 8×
  A guarantor who signs an employment agreement containing an arbitration clause is bound by that clause, even if they subjectively did not intend to arbitrate, because the objective language of the agreement compels it.
• Crystal Motor CAR Co. OF Hernando, LLC v. Bailey
  24 So. 3d 789· Fla. 5th DCA· 2009-12-31 ·cited 8×
  Crystal Motor Car Company appealed the trial court's denial of its motion to compel arbitration in a dispute over a motor vehicle purchase. The appellate court reversed, holding that the trial court was required to conduct an evidentiary hearing to resolve factual disputes about
• Commercial Interiors Corp. OF Boca Raton v. Pinkerton & Laws, Inc.
  19 So. 3d 1062· Fla. 5th DCA· 2009-10-02 ·cited 8×
  Commercial Interiors contracted with Pinkerton & Laws to perform work on a hotel construction project under subcontracts containing an arbitration clause. When a dispute arose over unpaid work, the case proceeded to arbitration where the arbitrator denied P&L's motion to dismiss
• Brookshire v. GP Constr. OF Palm Beach, Inc.
  993 So. 2d 179· Fla. 4th DCA· 2008-11-05 ·cited 8×
  The Florida Fourth District Court of Appeal granted a writ of mandamus to compel discharge of a contractor's mechanics lien because the contractor failed to comply with the statutory twenty-day deadline to commence an action to enforce the lien. The court held that filing a motio
• Strominger v. AmSOUTH Bank
  991 So. 2d 1030· Fla. 2d DCA· 2008-10-15 ·cited 8×·via Compel Arbitration
  Lawrence Strominger sued AmSouth Bank for banking and credit reporting violations, initially in small claims court. AmSouth Bank actively litigated the case for nearly three years without demanding arbitration, then sought to compel arbitration after the case was transferred to c
• Kaye v. MacAri Bldg. & Design, Inc.
  967 So. 2d 1112· Fla. 4th DCA· 2007-11-14 ·cited 8×
  In this appeal, the Fourth District Court of Appeal reversed a trial court's denial of a motion to compel arbitration, holding that the parties' contract properly incorporated by reference the AIA Document No. A-201, which contained a valid arbitration clause. The court found cle
• Friendly Homes OF THE S. Inc. v. Sonnel Fontice and Vilcia Fontice
  932 So. 2d 634· Fla. 2d DCA· 2006-07-07 ·cited 8×
  Friendly Homes appealed a circuit court order refusing to confirm an arbitration award against it in a home construction defect case. The District Court of Appeal reversed, holding that the parties' joint stipulation to arbitration after the lawsuit was filed constituted a valid
• Pulte Home Corp. v. Smith
  823 So. 2d 305· Fla. 2d DCA· 2002-08-14 ·cited 8×
  Pulte Home Corporation appeals the trial court's denial of its motion to compel arbitration in a construction defect class action involving toxic mold and building code violations. The appellate court reverses and remands, holding that the trial court improperly denied arbitratio
• Prudential Sec., Inc. v. Katz
  807 So. 2d 173· Fla. 3d DCA· 2002-02-13 ·cited 8×
  Prudential Securities appeals the denial of its motion to compel arbitration of a whistleblower claim brought by former employee Michael Katz. The court reverses, holding that Katz's agreement to arbitrate claims relating to his employment extends to his Florida Whistle Blower Ac
• Fla. Title Loans, Inc. v. Christie
  770 So. 2d 750· Fla. 1st DCA· 2000-11-09 ·cited 8×
  The court held that the arbitration clause in the original loan agreement was inapplicable to the borrower's complaint.
• Opti, Inc. v. Sales Eng'g Concepts, Inc.
  701 So. 2d 1234· Fla. 4th DCA· 1997-12-03 ·cited 8×·via Compel Arbitration
  OPTI, Inc. appealed an order denying its motion to vacate a default judgment in a breach of contract case. The court reversed because the complaint failed to state a cause of action for judicial relief, since the contract explicitly required arbitration as the sole remedy for dis
• Island House Developers, Inc. v. Amac Constr., Inc.
  686 So. 2d 1377· Fla. 1st DCA· 1997-01-16 ·cited 8×
  The court held that the trial court abused its discretion by compelling arbitration without first determining contract enforceability based on the contractor's license status.
• Smith Barney Shearson, Inc. v. Berman
  678 So. 2d 376· Fla. 3d DCA· 1996-06-26 ·cited 8×·via Compel Arbitration
  Smith Barney Shearson appeals a temporary injunction prohibiting it from proceeding with a New York state court action to stay arbitration. The Florida appellate court reversed the injunction, holding that the party seeking to compel arbitration lacked a viable cause of action be
• In re the Arb. Between Ray Chung & Brien Smith
  943 F.2d 225· 2d Cir.· 1991-08-28 ·cited 8×
  An order compelling arbitration arising from an independent proceeding is a final decision and thus appealable under the Federal Arbitration Act. The court affirmed the district court's order compelling arbitration, finding the claims fell within the scope of the arbitration clau
• Feather Sound Country Club, Inc. v. Barber
  567 So. 2d 10· Fla. 2d DCA· 1990-08-17 ·cited 8×·via Compel Arbitration
  Feather Sound Country Club appeals the trial court's denial of its motion to compel arbitration in a breach of contract action. The appellate court reverses, holding that disputes arising from an allegedly breached contract containing an arbitration clause must be submitted to ar
• Teamsters Local 315 v. Union OIL Co. OF Cal.
  856 F.2d 1307· 9th Cir.· 1988-09-02 ·cited 8×·via Petition To Compel Arbitration
  The court should affirm the district court's decision ordering arbitration, as the dispute over seniority rights and the denial of work based on a company physician's opinion is arbitrable.
• Seafarers Int'l Union OF N. Am. v. Nat'l Marine Servs., Inc.
  820 F.2d 148· 5th Cir.· 1987-06-29 ·cited 8×
  The duty to arbitrate disputes under a collective bargaining agreement survives the agreement's expiration, and such disputes are arbitrable unless expressly excluded.
• In re The Application of Woodcrest Nursing Home v. For a Judgment Staying The Arb. Commenced by Local 144
  788 F.2d 894· 2d Cir.· 1986-04-17 ·cited 8×
  The court held that the clear exclusionary language in the second collective bargaining agreement regarding 'non-slotted/replacement' employees precluded arbitration of disputes involving them, and that the Union's attempt to raise a factual dispute about employee status on appea
• NPS Commc'ns, Inc. v. The Cont'l Grp., Inc.
  760 F.2d 463· 2d Cir.· 1985-04-29 ·cited 8×·via Compel Arbitration
  The court held that the district court correctly compelled arbitration of contract claims and stayed the antitrust action, as mandated by the Arbitration Act and Supreme Court precedent.
• Hull v. Norcom, Inc.
  750 F.2d 1547· 11th Cir.· 1985-01-24 ·cited 8×
  The dissenting judge believes the arbitration clause should be enforced, arguing that a proper interpretation of the contract under New York law would not render the arbitration clause invalid due to lack of mutuality.
• In re the Arb. between Towers v. Brown
  732 F.2d 345· 3d Cir.· 1984-04-20 ·cited 8×·via Petition To Compel Arbitration
  The court held that a prior state court order denying arbitration, even if erroneous under federal law, is res judicata in federal court if California law would give it preclusive effect.
• Calloway Homes, Inc. v. Smiley
  422 So. 2d 49· Fla. 4th DCA· 1982-10-20 ·cited 8×
  Calloway Homes sought to compel arbitration of a home construction dispute with the Smileys under their contract's arbitration clause. The trial court denied the motion to compel arbitration without prejudice pending further study of the pleadings, and Calloway appealed, but the
• United Steelworkers OF Am., AFL-CIO v. Bell Foundry Co.
  626 F.2d 139· 9th Cir.· 1980-08-25 ·cited 8×·via Compel Arbitration
  The court held that a clarification of an offer, which did not substantively change its terms, did not operate as a revocation, and that discharges are effective upon receipt of notice, not mailing.
• In re the Arb. Between Stephen E. Bressette
  527 F.2d 211· 2d Cir.· 1975-12-23 ·cited 8×·via Petition To Compel Arbitration
  The court held that the Union's claims, including those related to the pension plan, were arbitrable under the collective bargaining agreement's broad arbitration clause.
• Int'l Longshoremen's Ass'n, AFL-CIO v. NEW York Shipping Ass'n, Inc.
  403 F.2d 807· 2d Cir.· 1968-11-18 ·cited 8×·via Compel Arbitration
  The court held that the district court erred in deciding the merits of arbitrability rather than compelling arbitration of the dispute over medical fund income levels.