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

• Indep. Petroleum Workers OF Am., Inc. v. Standard OIL Co.
  275 F.2d 706· 7th Cir.· 1960-03-02 ·cited 8×·via Compel Arbitration
• Myers v. City of Naples
  2019 WL 2106389· M.D. Fla.· 2024-10-28 ·cited 7×
  The court held that a motion to compel arbitration must be denied when there are no operative claims at issue to compare with an alleged arbitration agreement.
• Dewees v. Johnson
  329 So. 3d 765· Fla. 4th DCA· 2021-11-03 ·cited 7×
  Linda Dewees sued a real estate developer for negligence and breach of duty after suffering injuries from an unsafe roadway in a residential community she purchased. The developer moved to compel arbitration based on an arbitration clause in the Purchase Contract, but the court r
• Samara v. Tenet Fla. Physician Servs., LLC
  317 So. 3d 187· Fla. 3d DCA· 2021-02-17 ·cited 7×
  An order denying a motion for reconsideration or rehearing directed at a non-final order is not appealable and does not toll the time for appeal.
• Ernest James Brown Tr. v. Braniff
  2012 WL 10488184· M.D. Fla.· 2020-04-30 ·cited 7×·via Petition To Compel Arbitration
  The court held that a trust must be represented by an attorney and that artificial entities cannot proceed in forma pauperis, dismissing the case as frivolous.
• Hobby Lobby Stores, Inc. v. Cole
  287 So. 3d 1272· Fla. 5th DCA· 2020-01-02 ·cited 7×
  The appellate court held that the arbitration agreement was binding and enforceable, reversing the trial court's denial of the motion to compel arbitration.
• Towne v. Vaka LAW Grp., P.L.
  216 So. 3d 674· Fla. 2d DCA· 2017-02-22 ·cited 7×
  The court held that Dorothy Towne waived her right to arbitration, affirming the denial of her motion to stay and compel arbitration. The court also affirmed the denial of David Webster's motion to stay and compel arbitration.
• ALL S. Subcontractors, Inc. v. Amerigas Propane, Inc.
  206 So. 3d 77· Fla. 1st DCA· 2016-08-11 ·cited 7×
  All South Subcontractors sued Amerigas Propane for allegedly charging unlawful fuel recovery fees, relying on a 2010 propane purchase. Amerigas moved to compel arbitration based on Terms and Conditions mailed in 2012—two years after the transaction. The court reversed the trial c
• Brea Sarasota, LLC v. Isabella E. Bickel
  95 So. 3d 1015· Fla. 2d DCA· 2012-08-24 ·cited 7×
  The appellate court reversed the trial court's denial of a motion to compel arbitration, finding that the arbitration agreement signed by an attorney-in-fact was valid and enforceable.
• Thierry Albert Thenet v. Jenne
  968 So. 2d 46· Fla. 4th DCA· 2007-09-05 ·cited 7×
  The court reversed the circuit court's dismissal of an arbitration demand on timeliness grounds, holding that questions of timeliness in arbitration are for the arbitrator to decide, not the trial court.
• Charles Boyd Constr. Inc. v. Vacation Beach, Inc.
  959 So. 2d 1227· Fla. 5th DCA· 2007-06-22 ·cited 7×
  The Fifth District Court of Appeal reconsidered its prior decision in light of the United States Supreme Court's reversal of the Florida Supreme Court in Buckeye Check Cashing, Inc. v. Cardegna. The court held that under both the Federal Arbitration Act and the Florida Arbitratio
• Inverrary Gardens Condo. I Ass'n, Inc. v. Spender
  939 So. 2d 1159· Fla. 4th DCA· 2006-10-25 ·cited 7×
  Inverrary Gardens Condominium I Association appeals a trial court order compelling arbitration of an employment breach of contract dispute. The court reversed, holding that the employee waived her right to arbitration by failing to request it when filing suit, by filing a motion
• Terrie Towers v. Clarendon Nat'l Ins. Co.
  927 So. 2d 913· Fla. 2d DCA· 2006-01-04 ·cited 7×
  Terrie Towers appealed an order compelling arbitration of her insurance dispute with Clarendon National Insurance Company. The court reversed, holding that Clarendon's rescission of the insurance policy and return of premiums voided the underlying contract and rendered the arbitr
• Delisfort v. Progressive Express Ins. Co.
  785 So. 2d 734· Fla. 4th DCA· 2001-05-30 ·cited 7×·via Compel Arbitration
  An insured challenged her insurance company's deduction of a "betterment" amount from her property damage claim, asserting the company lacked contractual authority to make the deduction. The court reversed an order compelling appraisal, holding that policy coverage and constructi
• Sunshine Beauty Supplies, Inc. v. United States Dist. Court FOR THE Cent. Dist. OF Cal.
  872 F.2d 310· 9th Cir.· 1989-04-06 ·cited 7×·via Petition To Compel Arbitration
  The court held that the district court erred in transferring venue without considering the forum-selection clause and in transferring venue for the motion to confirm the arbitration award.
• McCREEDY v. Local Union NO. 971
  818 F.2d 6· 6th Cir.· 1987-04-22 ·cited 7×
  The court held that its prior decision in McCreedy, which applied a state statute of limitations to a motion to compel arbitration, was consistent with prior Sixth Circuit precedent.
• Painewebber, Inc. v. Hess
  497 So. 2d 1323· Fla. 3d DCA· 1986-11-25 ·cited 7×
• Interpool Ltd. v. Through Transp. Mut. Ins.
  635 F. Supp. 1503· S.D. Fla.· 1985-10-01 ·cited 7×
  A non-signatory party claiming third-party beneficiary status under a contract is bound by the contract's arbitration clause, even if they did not sign the agreement.
• Falcon v. TelevisaUnivision Digit., Inc.
  2008 WL 11336388· M.D. Fla.· 2024-02-15 ·cited 6×
  The court granted the defendant's motion to stay discovery pending resolution of its motion to compel arbitration.
• Uatp Mgmt., LLC v. Barnes
  320 So. 3d 851· Fla. 2d DCA· 2021-04-16 ·cited 6×
  The appellate court affirmed the trial court's denial of a motion to compel arbitration. The court found that the arbitration agreement was not enforceable because the person who signed the agreement on behalf of the minor child lacked the legal authority to do so, and thus no va
• Lemos v. Valeria Sessa
  319 So. 3d 135· Fla. 3d DCA· 2021-03-31 ·cited 6×
  The appellate court reversed a trial court's decision that denied a motion to compel arbitration. The court found the arbitration clause in the retainer agreement was unambiguous and covered the client's claims, but agreed that certain fee-shifting and cost-shifting provisions vi
• Hedden v. Z Oldco, LLC
  301 So. 3d 1034· Fla. 2d DCA· 2019-10-30 ·cited 6×
  Terry P. Hedden, Jr. appeals the trial court's denial of his motion to compel arbitration of a declaratory judgment action filed by Z Oldco regarding whether Hedden violated a Non-Compete Agreement and whether an Exit Bonus under a Compensation Agreement is due. The court reverse
• Rockledge NH, LLC v. Miley
  219 So. 3d 246· Fla. 5th DCA· 2017-05-19 ·cited 6×
  In this nursing home dispute, the appellate court held that while an arbitration agreement's attorneys' fee provision violated public policy by conflicting with statutory prevailing party fee rights under Florida's Adult Protective Services Act, the provision was severable from t
• Palm Garden OF Healthcare Holdings, LLC v. Valerie Haydu as Power of Attorney for James Yongue
  209 So. 3d 636· Fla. 5th DCA· 2017-01-20 ·cited 6×
  A nursing home sought to compel arbitration of a negligence claim based on an admissions agreement signed by the resident's daughter as power of attorney. The court affirmed the trial court's denial of the motion to compel arbitration, finding insufficient evidence that the resid
• Sunsplash Events Inc. v. Robles
  150 So. 3d 1194· Fla. 4th DCA· 2014-11-12 ·cited 6×
  Sunsplash Events and its president appealed a circuit court order denying their motion to compel arbitration of claims arising from a bill of sale agreement. The Fourth District reversed, holding that a broadly-worded arbitration clause in a separate employment agreement encompas
• Pilot Catastrophe Servs., Inc. v. Fouche
  145 So. 3d 151· Fla. 5th DCA· 2014-06-20 ·cited 6×
  Pilot Catastrophe Services appeals a trial court's denial of its motion to compel arbitration of employment discrimination claims filed by Fouche under Title VII, the FCRA, and the Civil Rights Act. The appellate court reverses, holding that the arbitration agreement is enforceab
• Audio Visual Innovations, Inc. v. Spiessbach
  119 So. 3d 522· Fla. 2d DCA· 2013-08-16 ·cited 6×
  Audio Visual Innovations sought to compel arbitration of an employee's retaliatory discharge claim under Florida's workers' compensation statute. The appellate court reversed the trial court's denial of the motion to compel, holding that the arbitration agreement did not defeat s
• MV Ins. Consultants, LLC v. Nafh Nat'l Bank & Allstate Ins. Co.
  87 So. 3d 96· Fla. 3d DCA· 2012-04-25 ·cited 6×
  MV Insurance Consultants and related parties appealed the trial court's denial of their motion to compel arbitration of a commercial loan dispute. The Third District Court of Appeal reversed, holding that an arbitration provision in one loan document applied to related loan docum
• The Est. OF Nettie Irons v. Arcadia Healthcare, L.C.
  66 So. 3d 396· Fla. 2d DCA· 2011-08-03 ·cited 6×·via Compel Arbitration
  The Estate of Nettie Irons appeals an order compelling arbitration of wrongful death and nursing home claims based on an arbitration clause in an admission agreement signed by Mrs. Irons' daughter as her health care surrogate under a Health Care Power of Attorney. The court rever
• Franks v. Gary John Bowers, M.D.
  62 So. 3d 16· Fla. 1st DCA· 2011-03-16 ·cited 6×·via Compel Arbitration
  The Florida First District Court of Appeal affirmed a circuit court's order compelling arbitration of a wrongful death and medical negligence claim pursuant to a mandatory arbitration clause in a doctor-patient financial agreement. The appellant challenged the arbitration agreeme
• KPMG LLP v. Cocchi
  51 So. 3d 1165· Fla. 4th DCA· 2010-12-22 ·cited 6×
  KPMG, the auditor of investment partnerships that lost money in the Madoff Ponzi scheme, appealed orders denying its motion to compel arbitration and its motion to dismiss for forum non conveniens. The Fourth District affirmed both orders, holding that the arbitration clause in K
• Berkowitz v. Smith
  49 So. 3d 309· Fla. 4th DCA· 2010-11-03 ·cited 6×
  The court held that the accounting firm failed to demonstrate that the arbitration agreements, signed after the tax liability arose, covered the claims for professional malpractice.
• John Sitarik, M.D. v. JFK Med. Ctr. Ltd. P'ships ("JFK")
  11 So. 3d 973· Fla. 4th DCA· 2009-05-06 ·cited 6×·via Compel Arbitration
  Dr. John Sitarik appealed an order compelling him to arbitrate his claims against Sheridan Healthcorp. The court reversed, holding that Sheridan waived its right to arbitrate by actively participating in the litigation without making any demand for arbitration.
• Jonathan M. Frantz, M.D., P.A. v. Shedden
  974 So. 2d 1193· Fla. 2d DCA· 2008-02-22 ·cited 6×·via Compel Arbitration
  A medical malpractice plaintiff challenges an arbitration agreement he signed before elective eye surgery. The court reversed the trial court's denial of the motion to compel arbitration, holding that the arbitration agreement was neither procedurally nor substantively unconscion
• Abel Homes AT Naranja Villas, LLC v. Anselmo Hernandez and Juaquin Lloveras
  960 So. 2d 891· Fla. 3d DCA· 2007-07-18 ·cited 6×
  Abel Homes appealed a trial court order denying its motion to compel arbitration of claims by purchasers of condominium units. The court affirmed, holding that the developer waived its right to arbitration by failing to elect arbitration within the twenty-day period specified in
• Fine Decorators, Inc. v. Argent Global (Bermuda), Ltd.
  919 So. 2d 604· Fla. 3d DCA· 2006-01-18 ·cited 6×
  Fine Decorators appeals an order compelling arbitration of a dispute over condominium decoration services. The court held that Fine Decorators waived its right to arbitration by filing suit and engaging in extensive litigation before invoking the arbitration clause, and no showin
• Singer v. Gaines
  896 So. 2d 851· Fla. 3d DCA· 2005-02-23 ·cited 6×
  Keith Singer, a former financial advisor, appeals an order compelling arbitration of his fraudulent inducement claims against his former employer GSFS and its principals. The Florida appellate court affirmed the arbitration order, holding that the NASD arbitration clause in Singe
• Cone Constructors, Inc. v. Drummond Cmty. Bank
  754 So. 2d 779· Fla. 1st DCA· 2000-03-17 ·cited 6×
  An assignee of accounts receivable who sues an account debtor for payments is subject to the arbitration provision in the underlying contract.
• Phillips v. Gen. Accident Ins. Co. of Am.
  685 So. 2d 27· Fla. 3d DCA· 1996-11-27 ·cited 6×
  The court held that the homeowner did not waive his right to arbitration by engaging in discovery aimed at compelling arbitration.
• Bo G. Grektorp v. City Towers OF Fla., Inc.
  644 So. 2d 613· Fla. 2d DCA· 1994-11-09 ·cited 6×
  Grektorp appeals a trial court order denying his motion to compel arbitration of breach of fiduciary duty claims arising from his employment contract. The appellate court reverses, holding that the arbitration clause's broad language covering "any controversy" involving the contr
• Stratton Oakmont, Inc. v. Goldstein
  615 So. 2d 183· Fla. 3d DCA· 1993-03-02 ·cited 6×
  Stratton Oakmont and its principals appealed the denial of their motion to compel arbitration of a customer's fraud claim. The Florida appellate court reversed, holding that the customer's securities fraud dispute fell within the scope of an arbitration clause in the brokerage cu
• Doan v. Amelia Retreat Condo. Ass'n, Inc.
  604 So. 2d 1292· Fla. 1st DCA· 1992-09-21 ·cited 6×
  In this condominium dispute, the court reversed the trial court's denial of a motion to dismiss and compel arbitration, holding that a dispute over the validity of a bylaws amendment prohibiting short-term leases was arbitrable because resolving it would necessarily require const
• Seaboard Sur. Co. v. Cates
  604 So. 2d 570· Fla. 3d DCA· 1992-09-08 ·cited 6×
  The court affirmed the trial court's denial of a motion to compel arbitration because the defendant failed to file a timely demand for arbitration within the contractually required thirty-day period, which was a precondition to arbitration.
• Se. Res. Recovery Facility Auth. v. Montenay Int'l Corp.
  973 F.2d 711· 9th Cir.· 1992-08-18 ·cited 6×·via Petition To Compel Arbitration
  A state court order compelling arbitration, even if framed as a denial of an injunction, is entitled to full faith and credit in federal court and precludes relitigation of the same issues.
• Hymowitz v. Drath
  567 So. 2d 540· Fla. 4th DCA· 1990-10-03 ·cited 6×·via Compel Arbitration
  The arbitrators exceeded their statutory powers by cancelling promissory notes, which amounted to rescission of the underlying contract, and the trial court erred in confirming the award.
• United Indus. Workers v. The Kroger Co.
  900 F.2d 944· 6th Cir.· 1990-04-12 ·cited 6×·via Compel Arbitration
  A party cannot compel tripartite arbitration if it has not filed a grievance under the collective bargaining agreement with the third party, as this would contradict the agreement's terms and potentially lead to conflicting arbitration outcomes.
• Teamsters Union Local 287 v. Frito-Lay, Inc.
  849 F.2d 1210· 9th Cir.· 1988-06-16 ·cited 6×
  The court held that Article 15 Section 4 of the collective bargaining agreement does not make arbitration entirely voluntary, and the district court erred in granting summary judgment on this basis. The court remanded the issue of whether the management rights clause precludes ar
• A.G. Edwards & Sons, Inc. v. Petrucci
  525 So. 2d 918· Fla. 2d DCA· 1988-04-27 ·cited 6×·via Compel Arbitration
  A.G. Edwards & Sons and its broker James Pinkerton appealed a trial court order vacating an arbitration award in their favor, where the appellees sought to vacate based on alleged fraud by an expert witness with falsified credentials. The court held that state courts have jurisdi
• Manning v. Energy Conversion Devices, Inc.
  833 F.2d 1096· 2d Cir.· 1987-11-20 ·cited 6×·via Compel Arbitration
  The court affirmed the district court's order compelling arbitration, finding that the appellants failed to present an adequate basis to oppose or vacate the order despite procedural irregularities.
• Transit MIX Concrete Corp. v. Local Union NO. 282
  809 F.2d 963· 2d Cir.· 1987-01-22 ·cited 6×·via Petition To Compel Arbitration
  The court held that the collective bargaining agreement's broad arbitration clause encompasses disputes regarding the interpretation and effect of a finality clause, leaving such questions to the arbitrator in the first instance.