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6 Florida opinions name it 1 courts 2001–2024 3 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 |
|---|---|---|
MILLER & SOLOMON CONTRACTORS, INC. v. Brennan's Glass Co., Inc.green2 sentences2021Contractors, Inc. v. Brennan's Glass Co., Inc., 824 So. 2d 288, 291 (Fla. 4th DCA 2002) (“Because, the first substantive filing made by the Appellants was a motion to stay invoking the contractual arbitration clause, we conclude the trial court erred in finding that the Appellants waived their right to arbitration.”). 2003Contractors, Inc. v. Brennan's Glass Co., 824 So.2d 288 (Fla. 4th DCA 2002) (holding that because the first substantive filing made by the appellants was a motion to stay invoking the contractual arbitration clause, the trial court erred in finding that the appellants waived their right to arbitration). | 1 | 2 |
Armas v. Prudential Securities, Inc.green1 sentence2024In Armas v. Prudential Securities, Inc., 842 So. 2d 210, 212 (Fla. 3d DCA 2003), the Third District identified situations where equitable estoppel allowed a non-party to enforce a contractual arbitration clause against a party to the contract: (1) “when the signatory to the contract containing the arbitration clause raises allegations of concerted conduct by both the non-signatory and one or more of the signatories to the contract”; or (2) “when each of the signatory’s claims against a non-signatory make reference to or presume the existence of a written agreement.” Similarly, the Eleventh Cir | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Mary Baker and Janet Thornton v. Economic Research Services, Inc.
green
1 sentence2024Jur. 2d Alternative Dispute Resolution § 59 (2023) ("The termination of the contract prior to a demand for arbitration will generally have no effect on such demand, provided that the dispute in question either arose out of the terms of the contract or arose when a broad contractual arbitration clause was still in effect." (emphasis added)); Monarch Claims Consultants, 372 So. 3d at 762 ("Courts have often compared forum selection clauses to arbitration clauses and have applied a similar enforceability analysis to both." (quoting Baker, 242 So. 3d at 453 n.2)). | 1 | 2024–2024 |
Beazer Homes Corp. v. Bailey
green
1 sentence2007Following Episcopal Diocese, we again considered the scope of arbitration clauses in Beazer Homes Corp. v. Bailey, 940 So.2d 453 (Fla. 5th DCA 2006). | 1 | 2007–2007 |
Seifert v. US Home Corp.
green
1 sentence2007The test to determine whether a tort claim falls within a contractual arbitration clause is to ask "whether the tort claim, as alleged in the complaint, arises from and bears such a significant relationship to the contract between the parties as to mandate application of the arbitration clause." Id. (citing Seifert v. U.S. Home Corp., 750 So.2d 633 (Fla.1999) (internal quotations omitted)). | 1 | 2007–2007 |
Episcopal Diocese of Central Florida v. Prudential Securities, Inc.
green
1 sentence2007The test to determine whether a tort claim falls within a contractual arbitration clause is to ask "whether the tort claim, as alleged in the complaint, arises from and bears such a significant relationship to the contract between the parties as to mandate application of the arbitration clause." Id. (citing Seifert v. U.S. Home Corp., 750 So.2d 633 (Fla.1999) (internal quotations omitted)). | 1 | 2007–2007 |
Boone v. Etkin
green
1 sentence2001As this court noted in Boone , the "dispositive factor [in Bachus & Stratton ], in light of the arbitration provision, was the connection between the cause of action and the contract containing the provision." 771 So.2d at 562 . | 1 | 2001–2001 |
Bachus & Stratton, Inc. v. Mann
green
1 sentence2001Id. at 561-562. [6] The instant case is more akin to Bachus & Stratton v. Mann, 639 So.2d 35 (Fla. 4th DCA 1994), where this court found that the tort claims alleged were subject to arbitration in accordance with the parties' contractual arbitration clause. | 1 | 2001–2001 |
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.