13 Florida opinions name it 2 courts 1999–2025 1 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
NESTLER-POLETTO REALTY, INC. v. Kassingreen2 sentences2025But even if the subject matter of the controversy falls within an arbitration clause’s scope, “[n]on-parties to a contract containing an arbitration clause cannot compel parties to a contract to arbitrate unless it is determined that they are a third party beneficiary to the contract.” Fla. Power & Light Co. v. Road Rock, Inc., 920 So. 2d 201, 203 (Fla. 4th DCA 2006) (emphasis added) (quoting Nestler-Poletto Realty, Inc. v. Kassin, 730 So. 2d 324, 326 (Fla. 4th DCA 1999)). 2011See Infinity Design Builders, Inc. v. Hutchinson, 964 So.2d 752 (Fla. 5th DCA 2007) (“In deciding whether arbitration is required, therefore, one must necessarily begin by asking whether the parties contractually agreed to arbitrate.”); Florida Power & Light Company v. Road Rock, Inc., 920 So.2d 201, 203 (Fla. 4th DCA 2006) (“ ‘Non-parties to a contract containing an arbitration clause cannot compel parties to a contract to arbitrate unless it is determined that they are a third-party beneficiary to the contract.’”) (quoting Nestler-Poletto Realty, Inc. v. Kassin, 730 So.2d 324, 326 (Fla. 4th | 3 | 4 |
FP & L. v. Road Rock, Inc.green2 sentences2025But even if the subject matter of the controversy falls within an arbitration clause’s scope, “[n]on-parties to a contract containing an arbitration clause cannot compel parties to a contract to arbitrate unless it is determined that they are a third party beneficiary to the contract.” Fla. Power & Light Co. v. Road Rock, Inc., 920 So. 2d 201, 203 (Fla. 4th DCA 2006) (emphasis added) (quoting Nestler-Poletto Realty, Inc. v. Kassin, 730 So. 2d 324, 326 (Fla. 4th DCA 1999)). 2011See Infinity Design Builders, Inc. v. Hutchinson, 964 So.2d 752 (Fla. 5th DCA 2007) (“In deciding whether arbitration is required, therefore, one must necessarily begin by asking whether the parties contractually agreed to arbitrate.”); Florida Power & Light Company v. Road Rock, Inc., 920 So.2d 201, 203 (Fla. 4th DCA 2006) (“ ‘Non-parties to a contract containing an arbitration clause cannot compel parties to a contract to arbitrate unless it is determined that they are a third-party beneficiary to the contract.’”) (quoting Nestler-Poletto Realty, Inc. v. Kassin, 730 So.2d 324, 326 (Fla. 4th | 2 | 2 |
Gottfried, Inc. v. Paulette Koch Real Estategreen2 sentences2010See Martha A. Gottfried, Inc., 778 So.2d at 1090 (holding that a party who takes advantage of the provisions of a contract containing an arbitration clause cannot then argue that he or she is not bound by the arbitration provisions should a dispute arise). 2007See Germann v. Age Inst. of Fla., Inc., 912 So.2d 590, 592 (Fla. 2d DCA 2005); Gottfried, Inc. v. Paulette Koch Real Estate, Inc., 778 So.2d 1089, 1090 (Fla. 4th DCA 2001); Terminix Int'l Co., LP v. Ponzio, 693 So.2d 104, 109 (Fla. 5th DCA 1997); Zac Smith & Co., Inc. v. Moonspinner Condo. | 2 | 2 |
RIVERWALK APART. v. RTM Gen. Contractors, Inc.green2 sentences2004Contractors, Inc., 779 So.2d 537, 538 (Fla. 2d DCA 2000) ("A party who alleges and offers colorable evidence that a contract containing an arbitration clause is illegal cannot be compelled to arbitrate the threshold issue of the existence of the agreement to arbitrate; only a court can make that determination."); see also Island House Developers, Inc. v. Amac Constr., Inc., 686 So.2d 1377 (Fla. 1st DCA 1997). [1] I. 2001Contractors, Inc., 779 So.2d 537, 538 (Fla. 2d DCA 2000) (citing Party Yards, Inc. v. Templeton, 751 So.2d 121 (Fla. 5th DCA 2000), and Alphagraphics Franchising, Inc. v. Stebbins, 617 So.2d 463 (Fla. 4th DCA 1993)). | 2 | 2 |
Party Yards, Inc. v. Templetongreen2 sentences2001Contractors, Inc., 779 So.2d 537, 538 (Fla. 2d DCA 2000) (citing Party Yards, Inc. v. Templeton, 751 So.2d 121 (Fla. 5th DCA 2000), and Alphagraphics Franchising, Inc. v. Stebbins, 617 So.2d 463 (Fla. 4th DCA 1993)). 2000See Party Yards, Inc. v. Templeton, 751 So.2d 121 (Fla. 5th DCA 2000); Alphagraphics Franchising, Inc. v. Stebbins, 617 So.2d 463 (Fla. 4th DCA 1993). | 1 | 2 |
INFINITY DESIGN BUILDERS v. Hutchinsongreen1 sentence2011See Infinity Design Builders, Inc. v. Hutchinson, 964 So.2d 752 (Fla. 5th DCA 2007) (“In deciding whether arbitration is required, therefore, one must necessarily begin by asking whether the parties contractually agreed to arbitrate.”); Florida Power & Light Company v. Road Rock, Inc., 920 So.2d 201, 203 (Fla. 4th DCA 2006) (“ ‘Non-parties to a contract containing an arbitration clause cannot compel parties to a contract to arbitrate unless it is determined that they are a third-party beneficiary to the contract.’”) (quoting Nestler-Poletto Realty, Inc. v. Kassin, 730 So.2d 324, 326 (Fla. 4th | 1 | 1 |
Terminix Intern. Co., LP v. Ponziogreen1 sentence2007See Germann v. Age Inst. of Fla., Inc., 912 So.2d 590, 592 (Fla. 2d DCA 2005); Gottfried, Inc. v. Paulette Koch Real Estate, Inc., 778 So.2d 1089, 1090 (Fla. 4th DCA 2001); Terminix Int'l Co., LP v. Ponzio, 693 So.2d 104, 109 (Fla. 5th DCA 1997); Zac Smith & Co., Inc. v. Moonspinner Condo. | 1 | 1 |
Germann v. Age Institute of Florida, Inc.green1 sentence2007See Germann v. Age Inst. of Fla., Inc., 912 So.2d 590, 592 (Fla. 2d DCA 2005); Gottfried, Inc. v. Paulette Koch Real Estate, Inc., 778 So.2d 1089, 1090 (Fla. 4th DCA 2001); Terminix Int'l Co., LP v. Ponzio, 693 So.2d 104, 109 (Fla. 5th DCA 1997); Zac Smith & Co., Inc. v. Moonspinner Condo. | 1 | 1 |
Island House Developers v. AMAC CONST.green1 sentence2004Contractors, Inc., 779 So.2d 537, 538 (Fla. 2d DCA 2000) ("A party who alleges and offers colorable evidence that a contract containing an arbitration clause is illegal cannot be compelled to arbitrate the threshold issue of the existence of the agreement to arbitrate; only a court can make that determination."); see also Island House Developers, Inc. v. Amac Constr., Inc., 686 So.2d 1377 (Fla. 1st DCA 1997). [1] I. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Alphagraphics Franchising, Inc. v. Stebbins
green
2 sentences2001Contractors, Inc., 779 So.2d 537, 538 (Fla. 2d DCA 2000) (citing Party Yards, Inc. v. Templeton, 751 So.2d 121 (Fla. 5th DCA 2000), and Alphagraphics Franchising, Inc. v. Stebbins, 617 So.2d 463 (Fla. 4th DCA 1993)). 2000See Party Yards, Inc. v. Templeton, 751 So.2d 121 (Fla. 5th DCA 2000); Alphagraphics Franchising, Inc. v. Stebbins, 617 So.2d 463 (Fla. 4th DCA 1993). | 2 | 2000–2001 |
Prima Paint Corp. v. Flood & Conklin Mfg. Co.
green
2 sentences2014The district court decided for Franklin & Conklin concluding that “a charge of fraud in the inducement of a contract containing an arbitration clause as broad as this one was a question for the arbitrators, not for the court.” Id. 2014The district court decided for Franklin & Conklin concluding that “a charge of fraud in the inducement of a contract containing an arbitration clause as broad as this one was a question for the arbitrators, not for the court.” Id. | 1 | 2014–2014 |
ALTERRA HEALTHCARE v. Estate of Linton Ex Rel. Graham
green
1 sentence2014Id. at 579 . | 1 | 2014–2014 |
Shearson Lehman Hutton, Inc. v. Lifshutz
green
1 sentence2011Lifshutz, 595 So.2d 996 (Fla. 4th DCA 1992) (affirming denial of motion to compel arbitration where there was no evidence that appellees signed written agreement containing arbitration clauses). | 1 | 2011–2011 |
Operis Group, Corp. v. EI AT DORAL, LLC
green
1 sentence2011See Infinity Design Builders, Inc. v. Hutchinson, 964 So.2d 752 (Fla. 5th DCA 2007) (“In deciding whether arbitration is required, therefore, one must necessarily begin by asking whether the parties contractually agreed to arbitrate.”); Florida Power & Light Company v. Road Rock, Inc., 920 So.2d 201, 203 (Fla. 4th DCA 2006) (“ ‘Non-parties to a contract containing an arbitration clause cannot compel parties to a contract to arbitrate unless it is determined that they are a third-party beneficiary to the contract.’”) (quoting Nestler-Poletto Realty, Inc. v. Kassin, 730 So.2d 324, 326 (Fla. 4th | 1 | 2011–2011 |
Qubty v. Nagda
green
1 sentence2005Boyd Construction argues, however, that this case is analogous to our decision in Qubty v. Nagda, 817 So.2d 952 (Fla. 5th DCA 2002), in which we held that an issue concerning whether a contract containing an arbitration clause was void because of fraud in the inducement must be resolved by the arbitrators, not the court. | 1 | 2005–2005 |
Tartell v. Chera
green
1 sentence1999Tartell v. Chera, 668 So.2d 1105 (Fla. 4th DCA 1996). | 1 | 1999–1999 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.