8 Florida opinions name it 3 courts 1968–2011 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 |
|---|---|---|
In re the Arbitration between the County of Rockland & Primiano Construction Co.green2 sentences1999This Court adopted the result of the New York decision in County of Rockland v. Primiano Construction Co., 51 N.Y.2d 1 , 431 N.Y.S.2d 478 , 409 N.E.2d 951 (1980), that found that the provision requiring a demand for arbitration within a reasonable time after the claim has arisen was not a condition precedent to arbitration but only a procedural stipulation with respect to the conduct of the arbitration proceeding and that as such, it was for the arbitrator to decide whether the demand was timely. 1999This Court adopted the result of the New York decision in County of Rockland v. Primiano Construction Co., 51 N.Y.2d 1 , 431 N.Y.S.2d 478 , 409 N.E.2d 951 (1980), that found that the provision requiring a demand for arbitration within a reasonable time after the claim has arisen was not a condition precedent to arbitration but only a procedural stipulation with respect to the conduct of the arbitration proceeding and that as such, it was for the arbitrator to decide whether the demand was timely. | 2 | 3 |
Alderman v. City of Jacksonvillegreen1 sentence2006In contrast, "[m]ere delay creating untimeliness is distinct from the active participation that creates waiver." Alderman v. City of Jacksonville Fire & Rescue Div., 902 So.2d 885, 887 (Fla. 1st DCA 2005). [5] The Second District set forth the relevant provisions: The contract contained a provision requiring the parties to arbitrate "[a]ll claims, disputes and other matters . . . arising out of, or relating to, the Contract Documents or the breach thereof." It further provided that a demand for arbitration shall be made within a reasonable time after the claim has arisen, "and in no event shal | 1 | 1 |
PUBLIC HEALTH, ETC. v. MR Harrison Const.green2 sentences1999Harrison Construction Corp., 415 So.2d 756, 757 (Fla. 3d DCA 1982), review denied, 427 So.2d 737 (Fla.1983), the county contended that Harrison did not, as required by the contract, demand arbitration "within a reasonable time after the claim, dispute or other matter in question has arisen," and thus was not entitled to enforce its right to arbitrate. 1999Public Health Trust, 415 So.2d at 758 . | 1 | 1 |
Regency Group, Inc. v. McDanielsgreen1 sentence1995"The agreement of the parties determines the issues subject to arbitration." Regency Group, Inc. v. McDaniels, 647 So.2d 192, 193 (Fla. 1st DCA 1994) (citation omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
O'Keefe Architects v. Ced Const. Partners
green
1 sentence2011In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim ... would be barred by the applicable statute of limitations.” Id. at 184 . | 1 | 2011–2011 |
Stinson-Head, Inc. v. City of Sanibel
green
1 sentence2006In contrast, "[m]ere delay creating untimeliness is distinct from the active participation that creates waiver." Alderman v. City of Jacksonville Fire & Rescue Div., 902 So.2d 885, 887 (Fla. 1st DCA 2005). [5] The Second District set forth the relevant provisions: The contract contained a provision requiring the parties to arbitrate "[a]ll claims, disputes and other matters . . . arising out of, or relating to, the Contract Documents or the breach thereof." It further provided that a demand for arbitration shall be made within a reasonable time after the claim has arisen, "and in no event shal | 1 | 2006–2006 |
REUTER RECYCLING OF FL. INC. v. City of Dania Beach
green
1 sentence2006Reuter Recycling, 859 So.2d at 1273 . [4] The parties agree that a valid written agreement exists and that the underlying claims are subject to arbitration. | 1 | 2006–2006 |
Bickerstaff v. Frazier
green
1 sentence1983The court then found that Graham Contracting's demand for arbitration made ten months later was not made within a reasonable period of time, relying on Lyons v. Krathen, 368 So.2d 906 (Fla. 3d DCA 1979), cert. den., 378 So.2d 346 (Fla. 1979), and Bickerstaff v. Frazier, 232 So.2d 190 (Fla. 1st DCA 1970), cert. dismissed, 238 So.2d 110 (Fla. 1970). | 1 | 1983–1983 |
Lyons v. Krathen
green
1 sentence1983The court then found that Graham Contracting's demand for arbitration made ten months later was not made within a reasonable period of time, relying on Lyons v. Krathen, 368 So.2d 906 (Fla. 3d DCA 1979), cert. den., 378 So.2d 346 (Fla. 1979), and Bickerstaff v. Frazier, 232 So.2d 190 (Fla. 1st DCA 1970), cert. dismissed, 238 So.2d 110 (Fla. 1970). | 1 | 1983–1983 |
Tripi v. State
neutral
1 sentence1983The court then found that Graham Contracting's demand for arbitration made ten months later was not made within a reasonable period of time, relying on Lyons v. Krathen, 368 So.2d 906 (Fla. 3d DCA 1979), cert. den., 378 So.2d 346 (Fla. 1979), and Bickerstaff v. Frazier, 232 So.2d 190 (Fla. 1st DCA 1970), cert. dismissed, 238 So.2d 110 (Fla. 1970). | 1 | 1983–1983 |
Thorn v. Florida Real Estate Commission
green
1 sentence1968To the same effect is Thorn v. Florida Real Estate Commission, (Fla.App. 2nd Dist., 1962) 146 So.2d 907, 910 , wherein that court said — Administrative officers, boards or commissions who are required to make a determination upon or after a hearing, in the exercise of a judicial or quasi-judicial function, cannot act on their own information. | 1 | 1968–1968 |
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.