Petition To Compel Arbitration

138 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• City of Jacksonville v. Cowen
  973 So. 2d 503· Fla. 1st DCA· 2007-12-17 ·cited 2×
  A police officer dismissed by Jacksonville Sheriff's Office sought arbitration under a collective bargaining agreement. The City argued he waived arbitration by appealing his initial suspension to the Civil Service Board. The court held that because the officer never actively pur
• Sofia Glantzis and Phillip Glantzis v. State Auto. Mut. Ins. Co.
  573 So. 2d 1049· Fla. 4th DCA· 1991-02-06 ·cited 2×
  Sofia and Phillip Glantzis appealed a judgment dismissing their uninsured motorist claim as barred by the statute of limitations. The Fourth District Court of Appeal reversed, holding that the statute of limitations was tolled when State Auto agreed to arbitrate the claim, and th
• In re the Arb. between Tehran-Berkeley Civil & Env't Eng'rs v. Tippetts-Abbett-McCARTHY-Stratton
  816 F.2d 864· 2d Cir.· 1987-04-20 ·cited 2×
  The court held that the district court erred in dismissing the petition to compel arbitration and granting the stay without an evidentiary hearing, as the contract's language was ambiguous regarding whether TAMS or the TAMS-AFFA entity was the party to the agreement.
• Gelco Corp. v. Baker Indus., Inc.
  779 F.2d 26· 8th Cir.· 1985-12-10 ·cited 2×
  The court held that the district court correctly determined that the arbitration clause was narrowly drawn and did not encompass the buyer's claims for breach of contract covenants, warranties, and representations.
• Matter of the Application of Rosenthal-Block China Corp.
  278 F.2d 713· 2d Cir.· 1960-04-20 ·cited 2×
  The court held that a stay of a remand order is not warranted, even if federal rights are implicated, due to statutory prohibitions and policy against interrupting litigation.
• OYO Hotels, Inc. v. Maingate Worldwide, LLC
  984 F. Supp. 2d 637· M.D. Fla.· 2020-06-03 ·cited 1×
  Venue was improper in the Northern District of Texas because the plaintiff failed to establish that a substantial part of the events or omissions giving rise to the claim occurred there; the case is transferred to the Middle District of Florida.
• City OF Pembroke Pines v. DeSANTIS
  816 So. 2d 1198· Fla. 4th DCA· 2002-05-22 ·cited 1×
  Where a union retains contractual control over the arbitration step of a grievance procedure, the arbitration must be pursued by the union itself, not by an individual employee acting on the union's authorization, and the public employer is not obligated to arbitrate a grievance
• Fahnestock v. Dean Witter Reynolds, Inc.
  691 So. 2d 509· Fla. 4th DCA· 1997-03-12 ·cited 1×
  The court held that the arbitrators, not the courts, should decide the procedural issue of venue for arbitration, even when the arbitration agreement specifies arbitration in New York City.
• Nat'l Iranian OIL Co. v. Mapco Int'l, Inc.
  983 F.2d 485· 3d Cir.· 1992-12-28 ·cited 1×
  The district court properly dismissed the petition to compel arbitration as time-barred by the applicable statute of limitations, and the appeal is not moot.
• Lindberg v. Universal Life Ins. Co.
  M.D. Fla.· 2025-11-20
  The court held that the Middle District of Florida is an improper venue to compel arbitration when the agreement specifies arbitration in Puerto Rico, following the majority approach under the FAA.
• Lindberg v. Universal Life Ins. Co.
  M.D. Fla.· 2025-09-18
  The court held that the plaintiff's petition did not adequately allege diversity of citizenship, which is required for federal subject matter jurisdiction.
• 1199SEIU United Healthcare Workers E. v. Kendall Healthcare Grp., Ltd
  M.D. Fla.· 2025-04-28
  The court held that the union's grievances concerning indemnification under Article 46 are covered by the arbitration agreement and that the union did not waive its right to arbitrate.
• Melse v. Cap. Bank, N.A.
  M.D. Fla.· 2024-10-24
  The court held that the plaintiff's complaint, as filed, failed to establish federal question or diversity jurisdiction, and therefore, the motion to proceed in forma pauperis was taken under advisement pending amendment.
• Sipp v. Nurse Next Door Home Healthcare Servs. (USA), Inc.
  M.D. Fla.· 2024-07-19
  The District Court for the Middle District of Florida granted a joint motion to stay proceedings in a case involving Sipp v. Nurse Next Door Home Healthcare Services pending resolution of a petition to compel arbitration filed in a related case in the Western District of Washingt
• Defiance Charters, L.L.C. v. Fla. Yacht Mgmt., LLC
  S.D. Fla.· 2023-01-31
  The court held that equitable estoppel barred the plaintiff from enforcing the agreement's shorter arbitration appointment timeline, thus validating the defendant's later appointment and requiring arbitration with three arbitrators.
• Ramos v. Alvarez
  S.D. Fla.· 2022-08-11
  The court held that procedural arbitrability issues, such as statute of limitations and laches, are for arbitrators to decide, not the court.
• Ortiz v. Alvarez
  S.D. Fla.· 2022-08-11
  The court held that procedural issues like the statute of limitations and laches are gateway questions for an arbitrator to decide, not the court.
• Acheron Portfolio Tr. v. Mukamal
  S.D. Fla.· 2022-02-07
  The Court found that diversity jurisdiction existed at the commencement of the action and adopted the Magistrate Judge's recommendation.
• Metra Elecs. Corp. v. Aamp of Fla., Inc.
  Fla. 5th DCA· 2021-12-09
  Metra Electronics appeals a trial court order compelling arbitration of a royalty payment dispute with AAMP arising from a patent licensing settlement agreement. The court reversed, holding that because the settlement agreement lacked an explicit no-contest clause prohibiting pat
• Dweck v. City of Miami Springs
  S.D. Fla.· 2021-11-10
  The court granted the motion to dismiss, finding it lacked subject matter jurisdiction and that the claims were barred by res judicata.
• Acheron Portfolio Tr. v. Mukamal
  S.D. Fla.· 2021-05-24
  The court adopted the magistrate judge's recommendation to grant the motion to dismiss the petition to compel arbitration.
• Burri Law, P. A. v. Byzantine Catholic Eparchy of Phoenix
  M.D. Fla.· 2020-09-09
  The court held that the arbitration provision was unenforceable because the required notice was not in bold print as mandated by Florida Bar Rule 4-1.5(i), and that issues of attorney competence raised by the respondent went beyond the scope of the Florida Bar's fee arbitration p
• Ancla Int'l, S.A. v. Tribeca Asset Mgmt., Inc.
  Fla. 3d DCA· 2019-08-28
  The phrase "Florida ... a jurisdiction accepted by the parties" in an arbitration clause confers personal jurisdiction on Florida courts to enforce the agreement, not merely a choice of law provision. The plain and ordinary meaning of "jurisdiction" refers to a court's power to d
• Terminix Int'l Co. v. Palmer Ranch Ltd. P'ship
  446 F. Supp. 2d 1308· M.D. Fla.· 2006-07-26
  A federal court must dismiss an action for lack of subject matter jurisdiction whenever it appears that jurisdiction is absent, even if an appellate court has issued a mandate, if the issue of subject matter jurisdiction was not previously decided.
• In re the Application of CBS, Inc. v. Snyder
  989 F.2d 89· 2d Cir.· 1993-03-22
  An individual employee cannot compel arbitration without the union's endorsement if the collective bargaining agreement requires such endorsement.
• DELTA Fin. Corp. v. Paul D. Comanduras & Assocs.
  973 F.2d 301· 4th Cir.· 1992-08-18
  The court held that the district court erred in compelling arbitration without first determining if a newly added limited partner was a necessary party under Rule 19(a).
• O'Leary v. Liberty Mut. Ins. Co.
  923 F.2d 1062· 3d Cir.· 1991-01-22
  The court held that collateral estoppel barred relitigation of the issue whether the Pennsylvania Workmen's Compensation Act's exclusive remedy provision applied, even though there may have been an intervening change in the law, because the current action arose from the same disp
• Formica v. Malone & Assocs., Inc.
  907 F.2d 397· 2d Cir.· 1990-07-18
  The court held that the phrase 'arbitration facility provided by the American Stock Exchange' in the parties' agreement is ambiguous and requires an examination of the parties' intent to determine the proper arbitration forum.
• Sanchez v. Am. Ambassador Cas. Co.
  559 So. 2d 344· Fla. 2d DCA· 1990-04-04
  Sanchez sought uninsured motorist benefits from her insurer, American Ambassador, which refused to respond to her arbitration demand or acknowledge coverage. After Sanchez filed a petition to compel arbitration, the trial court granted it but denied her attorney's fees. The appel
• SUN Int'l Ltd. v. Terrabo Petroleum Co. Ltd.
  747 F.2d 108· 2d Cir.· 1984-10-29
  The court held that where parties dispute essential contract terms, a "meeting of the minds" is not established, and thus no contract, and no arbitration obligation, exists.
• Musicians Union OF LAS Vegas, Local NO. 369, AFM, AFL-CIO v. DEL E. Webb Corp. & its subsidiary
  736 F.2d 1388· 9th Cir.· 1984-07-10
  An individual employee cannot contract away benefits secured by a collective bargaining agreement, even if the individual contract purports to do so.
• In re the Arb. between Atl. Navigation Corp., Ltd.
  603 F.2d 401· 2d Cir.· 1979-07-30
  The court dismissed the appeal as moot due to intervening events, vacating the lower court's decision without prejudice to arbitration in the ongoing California litigation.
• Young v. E. F. Hutton & Co.
  48 Fla. Supp. 79· Palm Beach Cty. Cir. Ct.· 1978-08-23
  In this trial court decision, the court ruled that an arbitration agreement requiring disputes to be resolved under New York Stock Exchange procedures constitutes an implicit stipulation that Florida's Arbitration Code shall not apply, rendering the entire arbitration clause void
• Hotel & Rest. Emps. & Bartenders Int'l Union AFL-CIO v. Playboy Clubs Int'l, Inc.
  454 F.2d 703· 6th Cir.· 1972-01-25
  The court held that the union's grievance for discharge due to union activity was subject to arbitration under the contract.
• Gen. Commodities Corp., Ltd. v. Hyman-Michaels Co.
  224 F.2d 952· 9th Cir.· 1955-08-15
  The court held that the cablegram did not create personal liability for the corporate debt, thus the sender was not a party aggrieved entitled to compel arbitration.