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8 Florida opinions name it 1 courts 1989–2014 0 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 |
|---|---|---|
Beaver Coaches, Inc. v. REVELS NAT. RV SALES, INC.green2 sentences2006Sales, Inc., 543 So.2d 359, 362 (Fla. 1st DCA 1989) (quoting AT & T Techs., Inc., 475 U.S. at 650 , 106 S.Ct. 1415 ). 1994Sales, Inc., 543 So.2d 359, 362 (Fla. 1st DCA 1989), this court stated as follows: *194 [A]ny time a contract contains an arbitration clause, there is a presumption of arbitrability in the sense that an order to arbitrate the particular grievance should not be denied unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute. | 3 | 3 |
Regency Group, Inc. v. McDanielsgreen2 sentences1997The court additionally quoted the following language from the First District decision in Regency Group, Inc. v. McDaniels, 647 So.2d 192, 194 (Fla. 1st DCA 1994): "[A]ny time a contract contains an arbitration clause, there is a presumption of arbitrability in the sense that an order to arbitrate the particular grievance should not be denied unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute (quoting AT & T Technologies, Inc. v. Communications Workers of America, 475 U.S. 643 , 106 S.Ct. 1415 , 89 L 1996Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1 , 103 S.Ct. 927 , 74 L.Ed.2d 765 (1983)." 592 So.2d at 346 ; see also EMSA Limited Partnership v. Mason, 677 So.2d 105 (Fla. 4th DCA 1996). [1] As the first district held in The Regency Group Inc. v. McDaniels, 647 So.2d 192, 194 (Fla. 1st DCA 1994): "[A]ny time a contract contains an arbitration clause, there is a presumption of arbitrability in the sense that an order to arbitrate the particular grievance should not be denied unless it may be said with positive assurance that the arbitration clause is not susceptible of an inte | 2 | 2 |
Zac Smith & Co. v. MOONSPINNER CONDO. ASSOCIATION, INC.green1 sentence2014See Zac Smith & Co., Inc., 472 So.2d at 1324 (“A third-party beneficiary’s rights depend upon, and are measured by, the terms of the contract between the promisor and the promisee.”); 11 Fla. Jur. 2d Contracts §§ 203, 209; 3A Fla. Jur. 2d Arbitration and Award § 26 (2014) (“Where a contract contains an arbitration clause which is legally enforceable, a third-party beneficiary of the contract is bound thereby to the same extent that the promisee is bound.”). 2 In this case, similar to the facts in Perry, there was no promis-ee signing on behalf of the resident. | 1 | 1 |
Advantage Dental Health v. Beneficial Administrators Inc.green1 sentence2003See Advantage Dental Health Plans, Inc. v. Beneficial Adm'rs, Inc., 683 So.2d 1133, 1134 (Fla. 4th DCA 1996). | 1 | 1 |
EMSA Ltd. Partnership v. Masongreen1 sentence1996Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1 , 103 S.Ct. 927 , 74 L.Ed.2d 765 (1983)." 592 So.2d at 346 ; see also EMSA Limited Partnership v. Mason, 677 So.2d 105 (Fla. 4th DCA 1996). [1] As the first district held in The Regency Group Inc. v. McDaniels, 647 So.2d 192, 194 (Fla. 1st DCA 1994): "[A]ny time a contract contains an arbitration clause, there is a presumption of arbitrability in the sense that an order to arbitrate the particular grievance should not be denied unless it may be said with positive assurance that the arbitration clause is not susceptible of an inte | 1 | 1 |
Fenster v. Makovskygreen1 sentence1996Sales, Inc., 543 So.2d 359, 362 (Fla. 1st DCA 1989) (citing AT & T Technologies, Inc. v. Communications Workers of America, 475 U.S. 643 , 106 S.Ct. 1415 , 89 L.Ed.2d 648 (1986)) (emphasis added); see also Fenster v. Makovsky, 67 So.2d 427 (Fla.1953) (arbitration is favored and disputes should be resolved in favor of arbitration); Arrieta v. Volkswagen Ins. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
At&T Technologies, Inc. v. Communications Workers
green
2 sentences1997The court additionally quoted the following language from the First District decision in Regency Group, Inc. v. McDaniels, 647 So.2d 192, 194 (Fla. 1st DCA 1994): "[A]ny time a contract contains an arbitration clause, there is a presumption of arbitrability in the sense that an order to arbitrate the particular grievance should not be denied unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute (quoting AT & T Technologies, Inc. v. Communications Workers of America, 475 U.S. 643 , 106 S.Ct. 1415 , 89 L 1997The court additionally quoted the following language from the First District decision in Regency Group, Inc. v. McDaniels, 647 So.2d 192, 194 (Fla. 1st DCA 1994): "[A]ny time a contract contains an arbitration clause, there is a presumption of arbitrability in the sense that an order to arbitrate the particular grievance should not be denied unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute (quoting AT & T Technologies, Inc. v. Communications Workers of America, 475 U.S. 643 , 106 S.Ct. 1415 , 89 L | 6 | 1989–2006 |
Ronbeck Const. Co., Inc. v. Savanna Club Corp.
green
1 sentence1996Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1 , 103 S.Ct. 927 , 74 L.Ed.2d 765 (1983)." 592 So.2d at 346 ; see also EMSA Limited Partnership v. Mason, 677 So.2d 105 (Fla. 4th DCA 1996). [1] As the first district held in The Regency Group Inc. v. McDaniels, 647 So.2d 192, 194 (Fla. 1st DCA 1994): "[A]ny time a contract contains an arbitration clause, there is a presumption of arbitrability in the sense that an order to arbitrate the particular grievance should not be denied unless it may be said with positive assurance that the arbitration clause is not susceptible of an inte | 1 | 1996–1996 |
Moses H. Cone Memorial Hospital v. Mercury Construction Corp.
green
2 sentences1996Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1 , 103 S.Ct. 927 , 74 L.Ed.2d 765 (1983)." 592 So.2d at 346 ; see also EMSA Limited Partnership v. Mason, 677 So.2d 105 (Fla. 4th DCA 1996). [1] As the first district held in The Regency Group Inc. v. McDaniels, 647 So.2d 192, 194 (Fla. 1st DCA 1994): "[A]ny time a contract contains an arbitration clause, there is a presumption of arbitrability in the sense that an order to arbitrate the particular grievance should not be denied unless it may be said with positive assurance that the arbitration clause is not susceptible of an inte 1996Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1 , 103 S.Ct. 927 , 74 L.Ed.2d 765 (1983)." 592 So.2d at 346 ; see also EMSA Limited Partnership v. Mason, 677 So.2d 105 (Fla. 4th DCA 1996). [1] As the first district held in The Regency Group Inc. v. McDaniels, 647 So.2d 192, 194 (Fla. 1st DCA 1994): "[A]ny time a contract contains an arbitration clause, there is a presumption of arbitrability in the sense that an order to arbitrate the particular grievance should not be denied unless it may be said with positive assurance that the arbitration clause is not susceptible of an inte | 1 | 1996–1996 |
Lord & Son Const. v. Roberts Elec. Contractors
green
1 sentence1996Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1 , 103 S.Ct. 927 , 74 L.Ed.2d 765 (1983)." 592 So.2d at 346 ; see also EMSA Limited Partnership v. Mason, 677 So.2d 105 (Fla. 4th DCA 1996). [1] As the first district held in The Regency Group Inc. v. McDaniels, 647 So.2d 192, 194 (Fla. 1st DCA 1994): "[A]ny time a contract contains an arbitration clause, there is a presumption of arbitrability in the sense that an order to arbitrate the particular grievance should not be denied unless it may be said with positive assurance that the arbitration clause is not susceptible of an inte | 1 | 1996–1996 |
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.