Second District Reversed Order Denying Motion to Compel Arbitration

Pulte Home Corp. v. Bay at Cypress Creek Homeowners’ Assoc. Inc., 2D13-316 (Fla. 2d DCA 2013): Pulte Home Corp. sought review of an order denying its renewed motion to compel arbitration of an action brought by Bay at Cypress Creek Homeowners’ Association (“HOA”) for alleged building code violations under Florida Statute §553.84. The Second District […]

Bank Waived Right to Arbitration by Initiating Lawsuit

Pearson v. Peoples National Bank,1D13-0685 (Fla. 1st DCA 2013): This was an appeal of a non-final order that stayed a declaratory action and directed the parties to arbitration. Appellant and Appellee entered into a real estate sales contract. The vacant lot purchased by Appellant was described as having beach access in the contract. The Appellee […]

The Fourth District Court of Appeal Affirmed an Order Denying Motion to Stay and Compel Arbitration

Marcus v. Florida Bagels, LLC, 4D12-2971 (Fla. 4th DCA 2013): This is a case where a non-party to an arbitration agreement, also known as a non-signatory, seeks to compel a party to an agreement to arbitrate. An obligation to arbitrate is based on consent, and for this reason a non-signatory to a contract containing an […]

The Fourth District Court of Appeal Reversed a Non-Final Order Denying Defendant’s Motion to Compel Arbitration

Heller v. Blue Aerospace, LLC, 4D12-992 (Fla. 4th DCA 2013): Zell Global (“Zell”) and Blue Aerospace (“Team Blue”) entered into a contract where Zell would render financial consulting services in connection with the potential sale of Team Blue’s assets or equity. Team Blue sold the majority of its assets but refused to pay Zell fees […]

Florida Dispute Resolution Update: Arbitration or Litigation of a Fraud Dispute Stemming from a Real Property Purchase Transaction?

The Florida Supreme Court ruled that an action for fraud was within the scope of an arbitration provision in a contract for the purchase and sale of real property.  George Jackson, et al. v. The Shakespeare Foundation, Inc., et al., No. SC11-1196 (Fla. Jan. 31, 2013).  The underlying facts of the case are summarized as […]

Arbitration Clause of a Loan Agreement Containing a Class Action Waiver – Not Void as Being Against Public Policy

Baldwin v. Regions Financial Corp., — So.3d —-, 2012 WL 4094147 (Fla. 3d DCA 2012) On September 19, 2012, the District Court of Appeal of the Third District of Florida held that an arbitration clause of a loan agreement containing a class action waiver was not void as being against public policy despite the argument […]

Choice-of-Law Analysis in Litigation

A choice-of-law clause in a contract is a provision that designates the law that will govern any disputes between the contracting parties.  Including a choice-of-law clause in a contract where parties are located in different states, or even different countries, can minimize the uncertainty associated with any potential litigation with respect to the contract, and […]