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

• Mun. Energy Agency OF Miss. v. BIG Rivers Elec. Corp.
  804 F.2d 338· 5th Cir.· 1986-11-17 ·cited 6×·via Petition To Compel Arbitration
  The court held that the district court did not err in staying the declaratory judgment action pending arbitration and in refusing to enjoin the separate action to compel arbitration.
• Lake Plumbing, Inc. v. Seabreeze Constr. Corp.
  493 So. 2d 1100· Fla. 2d DCA· 1986-09-10 ·cited 6×·via Compel Arbitration
  The court held that the trial court erred in denying the motion to dismiss and compel arbitration because the parties' subcontract contained a clear and binding arbitration clause.
• Fogarty v. Piper
  781 F.2d 662· 8th Cir.· 1986-01-15 ·cited 6×·via Compel Arbitration
  The court held that arbitration agreements are enforceable under the Federal Arbitration Act, and the appellants did not waive their right to arbitration.
• Int'l Bhd. OF Elec. Workers, Local 1228, AFL-CIO v. Wnev-Tv
  778 F.2d 46· 1st Cir.· 1985-11-27 ·cited 6×·via Petition To Compel Arbitration
  The court held that a district court's role in a § 301 suit to compel arbitration is limited to determining arbitrability, not the merits of the underlying dispute.
• In re Arb. between Maria Victoria Naviera, S.A. v. Cementos del Valle, S.A.
  759 F.2d 1027· 2d Cir.· 1985-04-04 ·cited 6×·via Petition To Compel Arbitration
  The court held that the district court did not err in compelling arbitration and denying dismissal on forum non conveniens grounds, as the arbitration agreement was broad and the parties consented to the forum by agreeing to arbitrate.
• Int'l Ass'n OF MacHinists & Aerospace Workers v. United Techs. Corp.
  704 F.2d 569· 11th Cir.· 1983-05-02 ·cited 6×·via Compel Arbitration
  The trial court erred by converting a motion to dismiss into a summary judgment without proper notice, thus the judgment must be reversed.
• Hosp. & Institutional Workers Local 250 v. Pasatiempo Dev. Corp.
  627 F.2d 1011· 9th Cir.· 1980-09-17 ·cited 6×·via Petition To Compel Arbitration
  A successor employer is not bound by a predecessor's collective bargaining agreement, including arbitration clauses, unless it expressly or impliedly assumes the agreement.
• Local NO. 6 v. Boyd G. Heminger, Inc.
  483 F.2d 129· 6th Cir.· 1973-08-09 ·cited 6×·via Compel Arbitration
  The court held that the district court erred in refusing to compel arbitration by improperly assessing the merits of the unions' claims.
• Arison Shipping Co. v. Klosters Rederi A/S
  268 So. 2d 428· Fla. 3d DCA· 1972-10-18 ·cited 6×·via Petition To Compel Arbitration
  The court held that an arbitration clause providing for alternative arbitration methods, including the option for 'London Arbitration,' does not negate the applicability of the Florida Arbitration Code.
• Uniroyal, Inc. v. A. Epstein & Sons, Inc.
  428 F.2d 523· 7th Cir.· 1970-06-16 ·cited 6×·via Petition To Compel Arbitration
  A subcontract's clause binding the subcontractor to the contractor's obligations to the owner requires the subcontractor to participate in arbitration proceedings between the owner and contractor, even if the subcontract contains separate, more restrictive arbitration time limits
• DET Bergenske Dampskibsselskab v. Sabre Shipping Corp.
  341 F.2d 50· 2d Cir.· 1965-01-25 ·cited 6×·via Petition To Compel Arbitration
  A warrant of foreign attachment served on a branch office in one federal district is ineffective to garnish a bank account at a branch office of the same bank located in another federal district within the same state.
• Local 12298 v. The Bridgeport GAS Co.
  328 F.2d 381· 2d Cir.· 1964-02-27 ·cited 6×·via Petition To Compel Arbitration
  The court held that the dispute over whether the company violated the collective bargaining agreement by not posting a vacancy was subject to arbitration.
• THE Macdougald Fam. Ltd. P'ship, LLP v. Rays Baseball Club, LLC
  371 So. 3d 988· Fla. 2d DCA· 2023-09-15 ·cited 5×
  This case involved an appeal by Highwoods Realty Limited Partnership against American Integrity Insurance Company of Florida and Reliaquest, LLC. The appellate court affirmed the lower court's decision without providing detailed reasoning.
• Lennar Homes, LLC v. Wilkinsky
  353 So. 3d 654· Fla. 4th DCA· 2023-01-04 ·cited 5×
• Running Cars, LLC v. Miller
  333 So. 3d 1177· Fla. 1st DCA· 2022-02-16 ·cited 5×
  The appellate court reversed a lower court's denial of a motion to compel arbitration. The court found that the car dealership did not waive its right to arbitration despite filing a pro se letter and moving to set aside a default judgment, as these actions were necessary to pres
• Massa Inv. Grp. LLC v. Michael Ridard Hospitality LLC
  Fla. 3d DCA· 2020-08-19 ·cited 5×·via Compel Arbitration
  The appellate court reversed a trial court's order compelling arbitration for non-signatories to an employment agreement. The court held that an evidentiary hearing was required to determine if any exceptions to the general rule against compelling non-signatories to arbitrate app
• Mathieu Massa v. Ridard
  306 So. 3d 1106· Fla. 3d DCA· 2020-08-19 ·cited 5×·via Compel Arbitration
  The appellate court reversed a trial court's order compelling arbitration for non-signatories to an employment agreement. The court held that an evidentiary hearing was required to determine if exceptions to compelling arbitration applied, especially when no evidence was presente
• Northport Health v. Est. of Gertrude R. Champagne
  239 So. 3d 1293· Fla. 5th DCA· 2018-04-09 ·cited 5×
  An arbitration agreement is enforceable and must be compelled despite a provision applying Alabama Rules of Evidence to the arbitration hearing, which is severable as procedurally unconscionable, while the provision applying Alabama Rules of Civil Procedure to discovery does not
• Federico Gomez v. S & I Props., LLC
  220 So. 3d 539· Fla. 3d DCA· 2017-06-07 ·cited 5×
  Federico Gomez appealed the denial of his motion to dismiss a breach of contract and fraud complaint, arguing that an arbitration clause in the underlying real estate contracts entitled him to arbitration. The Florida District Court of Appeal dismissed the appeal for lack of juri
• Venita L. Olson v. Fla. Living Options, Inc.
  210 So. 3d 107· Fla. 2d DCA· 2016-09-09 ·cited 5×
  The Estate of Claire Olson appealed a trial court order compelling arbitration of negligence claims against a skilled nursing facility (SNF) based on an arbitration agreement signed when the resident was admitted to an affiliated assisted living facility (ALF). The appellate cour
• C.C. Borden Constr., Inc. v. Walding Co.
  94 So. 3d 725· Fla. 1st DCA· 2012-08-21 ·cited 5×
• LTCSP-ST. Petersburg, LLC v. Robinson
  96 So. 3d 986· Fla. 2d DCA· 2012-08-10 ·cited 5×
  In this nursing home wrongful death action, the Florida Second District Court of Appeal held that an arbitration agreement was enforceable for the decedent's initial stay but unenforceable for subsequent readmissions because the nursing home failed to comply with its own contract
• State Bd. OF Admin. v. Burns
  70 So. 3d 678· Fla. 1st DCA· 2011-08-23 ·cited 5×·via Petition To Compel Arbitration
  The State Board of Administration (SBA) challenged an order compelling arbitration of a dispute with law firms over compensation under a contingency fee agreement for work on a failed lawsuit against an investment manager. The court reversed, holding that the arbitration clause w
• Johnson v. Forier
  67 So. 3d 315· Fla. 2d DCA· 2011-06-15 ·cited 5×
  A law firm and attorney appealed a trial court's order denying their motion to compel arbitration of legal malpractice claims under an arbitration clause in a legal services agreement. The court reversed, holding that Florida law contains no public policy prohibition against enfo
• Gessa v. Manor Care OF Fla., Inc.
  4 So. 3d 679· Fla. 2d DCA· 2009-01-30 ·cited 5×
  Angela Gessa, a nursing home resident, challenged an arbitration agreement she signed upon admission to Manor Care, arguing that the agreement's limitation of liability provisions (capping noneconomic damages at $250,000 and prohibiting punitive damages) were unconscionable and c
• Westwood ONE, Inc. v. Flight Express, Inc.
  940 So. 2d 1241· Fla. 5th DCA· 2006-11-03 ·cited 5×
  The appellate court dismissed the appeal because the order granting a motion for default and striking a motion to compel arbitration is a non-final, non-appealable order under the relevant rules.
• Magnetic Imaging Sys. v. Prudential Prop. & Cas. Ins. Co.
  847 So. 2d 987· Fla. 3d DCA· 2003-03-12 ·cited 5×
  Magnetic Imaging Systems, a medical provider assignee of PIP insurance benefits, appealed a summary judgment denying it attorney's fees after Prudential Insurance paid late PIP benefits. The court reversed, holding that Prudential's payment after suit was filed constituted a conf
• Allstate Ins. Co. v. Banaszak
  561 So. 2d 465· Fla. 4th DCA· 1990-05-23 ·cited 5×·via Compel Arbitration
  Allstate Insurance appeals a trial court order compelling arbitration of an uninsured motorist claim, arguing that the threshold issue of coverage eligibility must be decided by the court before damages can go to arbitration. The court agrees and reverses, holding that whether an
• First Nat'l Life Ins. Co. v. Cal. Pac. Life Ins. Co.
  876 F.2d 877· 11th Cir.· 1989-06-28 ·cited 5×·via Petition To Compel Arbitration
  The court held that summary judgment for the defendant was proper because the plaintiff failed to present admissible evidence to create a genuine issue of material fact, and the court did not err in denying the plaintiff's subsequent motions to set aside the judgment.
• Steinberg/W.F.I. Foods, Inc. v. D.C.M. & Assocs.
  522 So. 2d 512· Fla. 4th DCA· 1988-03-23 ·cited 5×
  Steinberg/W.F.I. Foods appealed the trial court's denial of its motion to compel arbitration of a breach of lease claim. The Fourth District reversed, holding that a valid arbitration agreement covering the lease dispute must be enforced even though other counts involving non-sig
• Ranger Fuel Corp. v. The Youghiogheny & Ohio Coal Co.
  677 F.2d 378· 4th Cir.· 1982-03-25 ·cited 5×·via Petition To Compel Arbitration
  The court held that the district court lacked jurisdiction to compel arbitration because an indispensable party, Bellemead, would destroy diversity jurisdiction.
• Keith v. State Farm Mut. Auto. Ins. Co.
  240 So. 2d 202· Fla. 3d DCA· 1970-10-27 ·cited 5×·via Compel Arbitration
• United States Fire Ins. Co. v. Am. Walks at Port St. Lucie, LLC
  386 So. 3d 575· Fla. 4th DCA· 2024-05-15 ·cited 4×
  A court cannot determine whether a valid arbitration agreement exists between a surety and a developer seeking to enforce a master subcontract's arbitration clause until an arbitrator in a separate, earlier-filed arbitration action determines whether the developer validly termina
• THE Walsh Grp. v. Zion Jacksonville, LLC
  379 So. 3d 571· Fla. 5th DCA· 2024-02-02 ·cited 4×
  Archer moved to compel arbitration of all claims brought by Zion under a contract containing a broad arbitration clause. The trial court partially granted the motion, finding only breach of contract and unjust enrichment claims arbitrable, while the appellate court held that all
• Osprey Health Care Ctr., LLC v. Pascazi
  329 So. 3d 177· Fla. 2d DCA· 2021-10-13 ·cited 4×
  The appellate court reversed a trial court's denial of a motion to compel arbitration, finding that the arbitration agreement was not unconscionable. The court held that the party opposing arbitration failed to demonstrate procedural unconscionability and that a void provision sh
• Laurel Point Care & Rehab Ctr., LLC v. Howard
  46 Fla. L. Weekly D639· Fla. 4th DCA· 2021-06-16 ·cited 4×
  An arbitration agreement that specifically references and incorporates the AHLA Alternative Dispute Resolution Service Rules of Procedure constitutes a clear and unmistakable delegation of authority to the arbitrator to determine whether the agreement satisfies the rules' require
• YAM Exp. & Imp. LLC v. Nicaragua Tobacco Imports, Inc.
  298 So. 3d 1173· Fla. 3d DCA· 2020-01-29 ·cited 4×
  The appellate court reversed a lower court's order denying a motion to compel arbitration. The court held that disputes regarding alleged waiver of arbitration rights due to financial default are arbitrable issues, and the arbitrator, not the court, is the proper party to decide
• Commercial v. L. M. C. C. Speciality Contractors, Inc.
  268 So. 3d 215· Fla. 2d DCA· 2019-04-10 ·cited 4×
  Austin Commercial appeals a trial court's denial of its motion to compel arbitration of a dispute with its subcontractor Mims Construction Company. The court holds that Austin and Mims executed a valid written agreement containing an arbitration clause that applies to their dispu
• Saunders v. ST. Cloud 192 PET DOC Hosp., LLC
  224 So. 3d 336· Fla. 5th DCA· 2017-08-11 ·cited 4×
  Dr. Saunders appealed a trial court order compelling arbitration of her employment discrimination and negligence claims against her former veterinary hospital employer. The court reversed, holding that her statutory and common law claims did not arise out of or relate to the empl
• Est. OF Robert F. Reinshagen v. Wryp ALF, LLC
  190 So. 3d 224· Fla. 5th DCA· 2016-04-29 ·cited 4×·via Compel Arbitration
  The Estate of Robert F. Reinshagen appealed an order compelling arbitration of negligence claims against an assisted living facility. The Fifth District Court of Appeal reversed, holding that arbitration agreement provisions capping noneconomic damages and precluding punitive dam
• Vernetti v. America-Indian Enters., Inc.
  152 So. 3d 856· Fla. 4th DCA· 2014-12-17 ·cited 4×
  The court held that a cross-claim is arbitrable if it raises issues requiring reference to the contract and has a nexus to the contract containing the arbitration clause.
• Sovereign Healthcare OF Tampa, LLC v. The Est. OF William S. Yarawsky
  150 So. 3d 873· Fla. 2d DCA· 2014-11-07 ·cited 4×
  Sovereign Healthcare appeals a trial court order rescinding an arbitration agreement that was signed only by the resident's spouse as the "responsible party," not by the resident himself or his legal representative. The Second District affirmed, holding that the resident was not
• Spicer v. Tenet Fla. Physician Servs., LLC
  149 So. 3d 163· Fla. 4th DCA· 2014-10-22 ·cited 4×
  An employee appealed a trial court's order compelling arbitration of her whistleblower retaliation claim. The Fourth District Court of Appeal reversed, holding that the employment agreement alone lacked sufficient arbitration procedures and failed to adequately incorporate by ref
• Fi-Tampa, LLC v. Kelly-Hall
  135 So. 3d 563· Fla. 2d DCA· 2014-04-11 ·cited 4×
  FI-Tampa appealed a trial court's order denying its motion to compel arbitration of negligence and wrongful death claims filed by the Estate of a deceased nursing home resident. The court reversed, holding that the arbitration agreement was valid and enforceable because the Estat
• Falcone v. Edie Laquer
  132 So. 3d 1171· Fla. 3d DCA· 2014-01-08 ·cited 4×
  Developers Arthur Falcone and Marc Roberts appealed the trial court's denial of their motion to compel arbitration of claims in the Joint Venture Lawsuit brought by Edie Laquer regarding the Miami WorldCenter real estate development project. The court affirmed the denial, holding
• Hernandez v. Colonial Grocers, Inc.
  124 So. 3d 408· Fla. 2d DCA· 2013-10-25 ·cited 4×
  Jose Hernandez challenged an arbitration agreement in his employment dispute with Colonial Grocers over Fair Labor Standards Act and workers' compensation violations. The court reversed the trial court's order compelling arbitration, holding that the arbitration clause's prevaili
• CFC OF Del. LLC v. Santalucia
  91 So. 3d 899· Fla. 4th DCA· 2012-07-05 ·cited 4×
  CFC appeals the trial court's denial of its motion to compel arbitration in a dispute arising from a life insurance premium financing loan agreement. The appellate court reverses the trial court's finding that fraud in the inducement of the overall contract rendered the arbitrati
• Glenn B. Wright Constr. & Dev., Inc. v. Cohara
  87 So. 3d 1276· Fla. 4th DCA· 2012-05-30 ·cited 4×
  Glenn Wright appeals the denial of his motion to compel arbitration of a construction dispute with Cohara. The court affirmed, holding that Wright waived his arbitration rights by engaging in discovery and litigation conduct inconsistent with arbitration after filing an initial m
• Fl-Carrollwood Care Ctr., LLC v. The Est. OF Robert Dixon Gordon, Sr.
  34 So. 3d 804· Fla. 2d DCA· 2010-05-21 ·cited 4×
  The trial court erred in denying a motion to compel arbitration without holding an evidentiary hearing when a substantial issue of fact existed regarding the capacity to contract.
• Integrated Sec. Servs. v. Skidata, Inc.
  609 F. Supp. 2d 1323· S.D. Fla.· 2009-04-23 ·cited 4×
  The court held that a challenge to the validity of the entire contract, rather than specifically the arbitration clause, must be decided by an arbitrator. The court also found that the broad language of the arbitration clause encompassed the plaintiff's tort claims.