Melvin Gualberto Medina Martinez v. Carnival Corp., 744 F.3d 1240 (11th Cir. 2014). · Go Syfert
Melvin Gualberto Medina Martinez v. Carnival Corp., 744 F.3d 1240 (11th Cir. 2014). Cases Citing This Book View Copy Cite
“the supreme court has adopted a functional test for finality, examining what the district court has done, and has reiterated that a decision is final if it ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.”
70 citation events (70 in the last 25 years) across 9 distinct courts.
Strongest positive: Whisenhunt v. Ameracat Inc. (alsd, 2024-05-13) · Strongest negative: Houston Refining, L.P. v. United Steel, Paper & Forestry, Rubber, Manufacturing (ca5, 2014-08-25)
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014 2020 2026
Top citers, strongest first. 44 distinct citers.
discussed Cited "but see" Houston Refining, L.P. v. United Steel, Paper & Forestry, Rubber, Manufacturing (2×)
5th Cir. · 2014 · signal: but see · confidence high
But see Martinez v. Carnival Corp., 744 F.3d 1240 , 1246–47 (11th Cir. 2014) (undertaking independent review of scope of arbitration clause even after concluding that parties agreed clearly and unmistakably to arbitrate arbitrability). 26 Case: 13-20384 Document: 00512745053 Page: 27 Date Filed: 08/25/2014 No. 13-20384 susceptible of an interpretation that covers the asserted dispute.” AT & T, 475 U.S. at 650 (emphasis added).
discussed Cited as authority (verbatim quote) Whisenhunt v. Ameracat Inc.
S.D. Ala. · 2024 · quote attribution · 1 verbatim quote · confidence high
district court order compelling arbitration and staying the proceedings before the court is an interlocutory order that cannot be appealed.
discussed Cited as authority (verbatim quote) Davenport v. AWP, Inc.
M.D. Fla. · 2021 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
pertinent question . . . is whether the district court's order . . . ended the litigation on the merits and left nothing more for the district court to do but execute the judgment
examined Cited as authority (quoted) Jeffrey A. Cochran v. The Penn Mutual Life Insurance Company
11th Cir. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the supreme court has adopted a functional test for finality, examining what the district court has done, and has reiterated that a decision is final if it ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.
cited Cited as authority (rule) Jane Doe (J.K.) v. Celebrity Cruises, Inc.
S.D. Fla. · 2025 · confidence medium
Martinez v. Carnival Corp., 744 F.3d 1240, 1246 (11th Cir. 2014) (citation omitted).
discussed Cited as authority (rule) Ashanti McIntosh v. Global Trust Management, LLC
11th Cir. · 2024 · confidence medium
For example, “[w]e have found the requisite intent when” a delegation provision pro- vides that the parties “committed to arbitration”: (1) “any issue concerning the validity, enforceability, or scope of this loan or the [a]rbitration agreement”; (2) “any and all disputes arising out of or in connection with this [a]greement, including any question re- garding its existence, validity, or termination”; or (3) “any issue re- garding whether a particular dispute or controversy is . . . subject to arbitration.” Id. (last alteration in original) (first quoting Parnell, 804 F.3d …
discussed Cited as authority (rule) Whisenhunt v. Ameracat Inc.
S.D. Ala. · 2024 · confidence medium
A court may determine that the parties agreed to arbitrate arbitrability “where there is clear and unmistakable evidence that they did so.” Martinez v. Carnival Corp., 744 F.3d 1240, 1246 (11th Cir. 2014) (citing Rent-A-Center, 561 U.S. at 79). “[W]hen parties incorporate the rules of the [American Arbitration Association (“AAA”)] into their contract, they clearly and unmistakably agree that the arbitrator should decide whether the arbitration clause applies.” U.S. Nutraceuticals, LLC v. Cyanotech Corp., 769 F.3d 1308, 1311 (11th Cir. 2014) (internal quotations and citation omitted…
discussed Cited as authority (rule) Reinier Angulo v. The Shyft Group USA, Inc.
11th Cir. · 2024 · confidence medium
See 28 U.S.C. §1291 ; Acheron Cap., Ltd. v. Muk- amal, 22 F.4th 979, 986 (11th Cir. 2022) (“A final decision is typically one that ends the litigation on the merits and leaves nothing for the court to do but execute its judgment.” (internal quotation marks omitted)); Martinez v. Carnival Corp., 744 F.3d 1240, 1243-44 (11th Cir. 2014) (explaining that, while we take a functional approach to finality, an order administratively closing the case is not the same as dismissing the case and is not dispositive of finality).
discussed Cited as authority (rule) Hines v. Azalea Health & Rehab, LLC
S.D. Ala. · 2024 · confidence medium
A court may determine that the parties agreed to arbitrate arbitrability “where there is clear and unmistakable evidence that they did so.” Martinez v. Carnival Corp., 744 F.3d 1240, 1246 (11th Cir. 2014) (citing Rent-A-Center, 561 U.S. at 79). “[W]hen parties incorporate the rules of the [American Arbitration Association (“AAA”)] into their contract, they clearly and unmistakably agree that the arbitrator should decide whether the arbitration clause applies.” U.S. Nutraceuticals, LLC v. Cyanotech Corp., 769 F.3d 1308, 1311 (11th Cir. 2014) (internal quotations and citation omitted…
discussed Cited as authority (rule) Allco Finance Limited Inc. v. Trina Solar (U.S.) INC
11th Cir. · 2024 · signal: cf. · confidence medium
Cf. Martinez v. Carni- val Corp., 744 F.3d 1240, 1244 (11th Cir. 2014) (noting that adminis- tratively closing a case is not the same as dismissing a case and find- ing that order compelling arbitration was immediately appealable where it “[n]otably . . . did not stay the proceedings, nor did it con- template any further action on this case”).
discussed Cited as authority (rule) Nicholas Harding v. Google LLC
11th Cir. · 2023 · signal: cf. · confidence medium
Cf. Martinez v. Carnival Corp., 744 F.3d 1240, 1244 (11th Cir. 2014) (noting that ad- ministratively closing a case is not the same as dismissing a case and finding that order compelling arbitration was immediately appeal- able where it “[n]otably . . . did not stay the proceedings, nor did it contemplate any further action on this case”).
discussed Cited as authority (rule) Bulent Cosgun v. Seabourn Cruise Line Limited, Inc.
11th Cir. · 2023 · signal: cf. · confidence medium
Cf. Martinez v. Carnival Corp., 744 F.3d 1240, 1244 (11th Cir. 2014) (noting that ad- ministratively closing a case is not the same as dismissing a case and finding that order compelling arbitration was immediately USCA11 Case: 23-11396 Document: 13-1 Date Filed: 06/22/2023 Page: 3 of 3 23-11396 Opinion of the Court 3 appealable where it “[n]otably . . . did not stay the proceedings, nor did it contemplate any further action on this case”).
discussed Cited as authority (rule) Cakerevic v. Royal Caribbean Cruises, LTD. (2×)
S.D. Fla. · 2023 · confidence medium
Martinez v. Carnival Corp., 744 F.3d 1240, 1246 (11th Cir. 2014).
cited Cited as authority (rule) Government Employees Insurance Company v. Jason Wilemon
11th Cir. · 2023 · confidence medium
In other words, in assessing finality, we must look to “what the district court has done.” Martinez v. Carnival Corp., 744 F.3d 1240, 1243 (11th Cir. 2014).
cited Cited as authority (rule) Ryan Maunes Maglana v. Celebrity Cruises, Inc.
11th Cir. · 2022 · confidence medium
Martinez v. Carnival Corp., 744 F.3d 1240, 1246 (11th Cir. 2014) (internal quo- tation marks omitted).
discussed Cited as authority (rule) Maria Del Rocio Burgos Garcia v. Church of Scientology Flag Service Organization, Inc. (2×) also: Cited "see, e.g."
11th Cir. · 2021 · confidence medium
No motions re- mained pending nor does the record indicate that the district court “contemplate[d] any further action on this case.” Id. at 1244.
cited Cited as authority (rule) Matthew Kopcsak v. Roger Dale Register
11th Cir. · 2021 · confidence medium
Martinez v. Carnival Corp., 744 F.3d 1240, 1243-44 (11th Cir. 2014).
discussed Cited as authority (rule) Garms v. Celebrity Cruises Inc.
S.D. Fla. · 2021 · confidence medium
And, so long as “there is clear and unmistakable evidence,” “a court may conclude that the parties agreed to arbitrate the very issue of arbitrability.” Martinez v. Carnival Corp., 744 F.3d 1240, 1246 (11th Cir. 2014) (cleaned up).
discussed Cited as authority (rule) Rocha v. Telemundo Network Group LLC
S.D. Fla. · 2020 · confidence medium
E.g., Jones v. Waffle House, Inc., 866 F.3d 1257, 1267 (11th Cir. 2017) (interpreting a contract stating that “the Arbitrator . . . shall have authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement”); Martinez v. Carnival Corp., 744 F.3d 1240, 1245-46 (11th Cir. 2014) (interpreting a delegation of “any and all disputes arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination”).
discussed Cited as authority (rule) Fnu v. Royal Caribbean Cruises LTD.
S.D. Fla. · 2020 · confidence medium
A court “may conclude that the parties agreed to arbitrate the very issue of ‘arbitrability’ where ‘there is clear and unmistakable evidence that they did so.’” Martinez v. Carnival Corp., 744 F.3d 1240, 1246 (11th Cir. 2014).3 Martinez is instructive.
discussed Cited as authority (rule) Demps v. Hillsborough County Clerk of the Circuit Court
M.D. Fla. · 2020 · confidence medium
While an administrative closure can operate as a dismissal for all relevant intents and purposes, Grosso v. HSBC Bank USA, N.A., 204 So. 3d 139, 141 (Fla. 4th DCA 2016),7 the Eleventh Circuit has recognized that “administratively closing a case is not the same as dismissing a case,” Martinez v. Carnival Corp., 744 F.3d 1240, 1244 (11th Cir. 2014).
cited Cited as authority (rule) Verano Homeowners Association, Inc. v. Beazer Homes Corp.
M.D. Fla. · 2020 · confidence medium
See Jones v. Waffle House, Inc., 866 F.3d 1257, 1267-68 (11th Cir. 2017); Martinez v. Carnival Corp., 744 F.3d 1240, 1245-46 (11th Cir. 2014).
discussed Cited as authority (rule) Trevisan Hudson v. P.I.P Inc.
11th Cir. · 2019 · confidence medium
Cash Advance of Ga., LLC, 400 F.3d 868, 873 (11th Cir. 2005), and the district court’s interpretation of an arbitration clause, Martinez v. Carnival Corp., 744 F.3d 1240, 1243 (11th Cir. 2014). 2 Case: 19-11004 Date Filed: 11/22/2019 Page: 3 of 8 pursuant to the mandatory arbitration clauses in the Employee Commission Agreements (ECAs), signed by Appellees.
cited Cited as authority (rule) United States v. Erskine Jermaine Florence
11th Cir. · 2019 · confidence medium
And “administratively closing a case is not the same as dismissing a case.” Martinez v. Carnival Corp., 744 F.3d 1240, 1244 (11th Cir. 2014).
examined Cited as authority (rule) William Jones v. Waffle House, Inc. (3×)
11th Cir. · 2017 · confidence medium
Cash Advance of Ga., LLC, 400 F.3d 868, 873 (11th Cir. 2006), and the district court’s interpretation of an arbitration clause, Martinez v. Carnival Corp., 744 F.3d 1240, 1243 (11th Cir. 2014).
examined Cited as authority (rule) Solis v. CitiMortgage, Inc. (3×) also: Cited "see"
11th Cir. · 2017 · confidence medium
Martinez v. Carnival Corp., 744 F.3d 1240, 1244 (11th Cir. 2014).
cited Cited as authority (rule) Rodriguez v. Castforce, Inc.
N.D. Ga. · 2016 · confidence medium
Martinez v. Carnival Corp., 744 F.3d 1240, 1246 (11th Cir. 2014) (quotation marks omitted).
discussed Cited as authority (rule) Willman Suazo v. NCL (Bahamas), Ltd.
11th Cir. · 2016 · confidence medium
See 9 U.S.C. § 16 (a)(3); Martinez v. Carnival Corp., 744 F.3d 1240, 1243-45 (11th Cir.2014) (holding that an order compelling arbitration was final and appealable where the order denied all pending motions as moot, administratively closed the case, and neither expressly stayed nor expressly dismissed the case); Bautista, 396 F.3d at 1294 (holding that a district court’s retention of jurisdiction to enforce or confirm a resulting arbitral award does not destroy finality).
discussed Cited as authority (rule) Holcombe v. DIRECTV, LLC
N.D. Ga. · 2016 · confidence medium
The bank’s text message provides information regarding its mobile banking services for the benefit of its account holders, whereas DIRECTV’s calls attempt to sell new DIRECTV service Similarly, because the nature of the calls made by DIRECTV assumes the nonexistence of a contractual relationship with the recipient, it cannot be said that such calls are an “immediate, foreseeable result of the performance of the parties’ contractual duties.” Princess Cruise Lines, 657 F.3d at 1219 ; Martinez v. Carnival Corp., 744 F.3d 1240, 1246 (11th Cir.2014).
discussed Cited as authority (rule) Payne v. WBY, Inc.
N.D. Ga. · 2015 · confidence medium
The “question whether the parties have submitted a particular dispute to arbitration, i.e., the ‘question of arbitrability,’ is ‘an issue for judicial determination [ujnless the parties clearly and unmistakably provide otherwise.’ ” See Howsam v. Dean Witter Reynolds, Inc., 537 U.S. 79, 83 , 123 S.Ct. 588 , 154 L.Ed.2d 491 (2002); Martinez v. Carnival Corp., 744 F.3d 1240, 1246 (11th Cir.2014).
discussed Cited as authority (rule) Bendlis v. NCL (Banamas), Ltd. (2×) also: Cited "see"
S.D. Fla. · 2015 · confidence medium
Likewise, in Martinez v. Carnival Corp., 744 F.3d 1240, 1246 (11th Cir.2014), the court held that an ambiguous arbitration clause was broad enough to survive termination.
cited Cited as authority (rule) National Freight, Inc. v. Consolidated Container Co.
N.D. Ga. · 2015 · confidence medium
Martinez v. Carnival Corp., 744 F.3d 1240, 1246 (11th Cir.2014) (internal quotation and citation omitted).
discussed Cited as authority (rule) Regan v. Stored Value Cards, Inc.
N.D. Ga. · 2015 · confidence medium
Section 4 of the FAA is clear on this point: “If the making of the arbitration agreement [is] in issue, the court shall proceed summarily to the trial thereof’ — as opposed to ordering arbitration pursuant to that agreement. 9 U.S.C. § 4 . 1 Unless there is clear and unambiguous evidence that the parties agreed to have an arbitrator decide disputes over contract formation, Martinez v. Carnival Corp., 744 F.3d 1240, 1246 (11th Cir.2014) (quoting and citing Rent-A-Center, W., Inc. v. Jackson, 561 U.S. 63 , 68-69, 79, 130 S.Ct. 2772 , 177 L.Ed.2d 403 (2010)), such “gateway” issues of �…
discussed Cited "see" almd 2025
M.D. Ala. · 2025 · signal: see · confidence high
See Martinez v. Carnival Corp., 744 F.3d 1240, 1246 (11th Cir. 2014) (holding that dispute over contract termination was a question of arbitrability delegated to the arbitrator); see also Managed Health Care Admin., Inc. v. Blue Cross & Blue Shield of Ala., 249 So. 3d 486 , 491–92 (Ala. 2017) (holding that dispute over contract termination was an arbitrability issue subject to delegation clause); Ex parte Shamrock Food Service, Inc., 514 So. 2d 921, 922 (Ala. 1987) (“Clearly, under the broad provisions of the arbitration clause, the issue of whether the contract has been terminated must be…
discussed Cited "see" Raphyr Lubin v. Starbucks Corporation
11th Cir. · 2024 · signal: accord · confidence high
But courts “should not assume that the par- ties agreed to arbitrate arbitrability unless there is ‘clear and unmis- takable’ evidence that they did so.” Kaplan, 514 U.S. at 944 (altera- tions adopted) (quoting AT & T, 475 U.S. at 649 ); accord Martinez v. Carnival Corp., 744 F.3d 1240, 1246 (11th Cir. 2014).
discussed Cited "see" Anton Mikov v. Village of Palm Springs, Florida
11th Cir. · 2024 · signal: see · confidence high
See Martinez v. Carnival Corp., 744 F.3d 1240, 1244 (11th Cir. 2014) (stat- ing in determining whether an order is final, we have also consid- ered whether the district court stayed proceedings, contemplated further action in the case, administratively closed the case, or de- nied pending motions as moot).
cited Cited "see" Bajwa v. Prime Healthcare Services-Lehigh Acres, LLC
M.D. Fla. · 2023 · signal: see · confidence high
See Martinez v. Carnival Corp., 744 F.3d 1240, 1243 (11th Cir. 2014).
discussed Cited "see" Communications Workers of America v. AT&T Mobility LLC
N.D. Ga. · 2021 · signal: see · confidence high
Analysis “[T]here is a strong national policy favoring labor arbitration.” Firestone Tire & Rubber Co. v. Int’l Union of United Rubber, Cork, Linoleum & Plastic Workers of Am., AFL-CIO, 476 F.2d 603, 605 (5th Cir. 1973); see Martinez v. Carnival Corp., 744 F.3d 1240, 1246 (11th Cir. 2014).
cited Cited "see" Jupiter Wreck, Inc. v. The Unidentified Wrecked and Abandoned Sailing Vessel
11th Cir. · 2019 · signal: see · confidence high
See Martinez v. Carnival Corp., 744 F.3d 1240, 1245 (11th Cir. 2014) (“What matters is whether the case, in all practicality, is finished.
discussed Cited "see, e.g." Reel Games, Inc. v. Euro Game Technology, LTD
S.D. Fla. · 2025 · signal: see also · confidence medium
See Montero v. Carnival Corp., 523 F. App'x 623 , 626–27 (11th Cir. 2013) (finding that an arbitration clause that provides that “any and all disputes . . . shall be referred to and finally resolved by arbitration,” which expressly included disputes regarding the agreement’s termination, was broad enough to survive the termination of the agreement); see also Martinez v. Carnival Corp., 744 F.3d 1240, 1246 (11th Cir. 2014) (finding that an arbitration clause which stated “any and all disputes arising out of or in connection with this Agreement, including any question regarding its exi…
cited Cited "see, e.g." Freeport Title & Guaranty v. SummitBridge National Investments V, LLC
Bankr. N.D. Ga. · 2021 · signal: see also · confidence medium
Mass. July 20, 2018); see also Martinez v. Carnival Corp., 744 F.3d 1240, 1244-45 (11th Cir. 2014).
discussed Cited "see, e.g." Mattos v. National Western Life Insurance Company
S.D. Fla. · 2020 · signal: see, e.g. · confidence medium
See, e.g., Martinez v. Carnival Corp., 744 F.3d 1240, 1245 (11th Cir. 2014) (affirming district court’s order compelling arbitration where the agreement stated that “any and all disputes arising out of or in connection with th[e] Agreement, including any question regarding its existence, validity, or termination, or Seafarer’s service on the vessel, shall be referred to and finally resolved by arbitration . . . .”); In re Checking Account Overdraft Litig.
cited Cited "see, e.g." Nikolay Trifonov v. MSC Mediterranean Shipping Company SA
11th Cir. · 2014 · signal: see, e.g. · confidence low
See, e.g., Martinez v. Carnival Corp., 744 F.3d 1240 (11th Cir.2014); Lindo, 652 F.3d 1257 ; Bautista, 396 F.3d 1289 .
discussed Cited "see, e.g." Occupy Pensacola v. City of Pensacola
11th Cir. · 2014 · signal: see also · confidence medium
Co., 498 U.S. 269, 272-74, 277 , 111 S.Ct., 648, 651-53 , 112 L.Ed.2d 743 (1991) (declining to decide that a bench ruling deciding all claims was not a final order); In re Celotex Corp., 700 F.3d 1262, 1265 (11th Cir.2012) (per curiam) (“A final judgment or order is ‘one which ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.’ ” (quoting Catlin v. United States, 324 U.S. 229, 233 , 65 S.Ct. 631, 633 , 89 L.Ed. 911 (1945))); see also Martinez v. Carnival Corp., 744 F.3d 1240, 1243-44 (11th Cir.2014) (noting that the Supreme Court and the …
Melvin Gualberto Medina MARTINEZ, Plaintiff-Appellant,
v.
CARNIVAL CORPORATION, A.K.A. Carnival Cruise Lines, Inc., Defendant-Appellee
12-15164.
Court of Appeals for the Eleventh Circuit.
Feb 24, 2014.
744 F.3d 1240
Joel S. Perwin, Joel S. Perwin, PA, Bruce Margulies, Rivkind Pedraza & Mar-gulies, PA, Miami, FL, for Plaintiff-Appellant., Cameron Wayne Eubanks, Curtis J. Mase, Valentina M. Tejera, Mase Lara Eversole, PA, Miami, FL, for Defendant-Appellee.
Marcus, Dubina, Walker.
Cited by 50 opinions  |  Published  |  NEW
1 passage pin-cited by 1 case
Pinpoint authority: bottom 81%
Citer courts: Eleventh Circuit (1)
DUBINA, Circuit Judge:

Appellant Melvin Gualberto Medina Martinez (“Martinez”) appeals the district court’s order compelling arbitration of his claims pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“CREFAA”), 9 U.S.C. §§ 201-208. Martinez argues his claim of Jones Act negligence, 46 U.S.C. § 30104, does not fall within his employment contract (“Seafarer’s Agreement”) with Carnival Cruise Lines, Inc. (“Carnival”) and, therefore, is not within the scope of the contract’s arbitration clause. We agree with the district court that arbitration is required, and therefore, we affirm the district court’s order compelling arbitration.

I.

Martinez is a Honduran citizen who suffered a back injury while employed as a mason aboard Carnival’s vessel, the Fascination. Martinez worked ten hours per day, seven days a week, and was required to lift and transport boxes of tiles and cement and heavy rolls of carpet. During his employment, Martinez developed back pain, which he reported to his supervisor. After his condition worsened, and he began to feel pain not only in his back but also in his lower extremities, Martinez sought further medical care.

Martinez had back surgery in Panama, performed by Carnival’s selected physician, Dr. Avelino Gutierrez. After the surgery, Martinez continued to experience serious orthopedic and neurological problems, including numbness in both legs, difficulty urinating, need for a catheter, sexu[*1243] al dysfunction, and psychological problems. Carnival sent Martinez to Miami, where he continued to receive medical treatment.

The Seafarer’s Agreement, which covered the terms of Martinez’s employment, included an arbitration clause stating that, except for wage disputes, “any and all disputes arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, or Seafarer’s service on the vessel, shall be referred to and finally resolved by arbitration.” [R. DE 1-1 at 6, ¶ 7.]

After his injury, Martinez filed suit against Carnival in Florida state court, asserting claims of Jones Act negligence, unseaworthiness, and failure to provide adequate maintenance and cure. In his Jones Act claim, Martinez alleged that the physician chosen and paid by Carnival negligently performed his back surgery. Carnival removed the case to the federal district court and filed a motion to compel arbitration. The district court granted the motion, dismissed as moot all other pending motions, and closed the case for administrative purposes. Martinez then timely appealed.

II.

“We review the district court’s interpretation of [an] arbitration clause de novo.” Hemispherx Biopharma, Inc. v. Johannesburg Consol. Invs., 553 F.3d 1351, 1366 (11th Cir.2008).

III.

As we must, we first address our jurisdiction to hear this case. Carnival contends that we lack jurisdiction because the district court’s order compelling arbitration was a non-appealable interlocutory order, not a final appealable decision. We are unpersuaded.

The Federal Arbitration Act provides that a party may appeal “a final decision with respect to an arbitration.” 9 U.S.C. § 16(a)(3). A final decision “is a decision that ends the litigation on the merits and leaves nothing more for the court to do but execute the judgment.” Green Tree Fin. Corp.-Ala. v. Randolph, 531 U.S. 79, 86, 121 S.Ct. 513, 519, 148 L.Ed.2d 373 (2000) (internal quotation marks omitted). Yet, a party may not appeal “an interlocutory order ... compelling arbitration.” 9 U.S.C. § 16(b)(3). [1] Thus, a district court order compelling arbitration and dismissing a plaintiffs claim is a final decision within the meaning of § 16(a)(3). Hill v. Rent-A-Center, Inc., 398 F.3d 1286, 1288 (11th Cir.2005). In contrast, a district court order compelling arbitration and staying the proceedings before the court is an interlocutory order that cannot be appealed. Am. Express Fin. Advisors, Inc. v. Makarewicz, 122 F.3d 936, 939 (11th Cir.1997). Carnival essentially argues that because the district court simply granted the motion to compel and closed the case for administrative purposes, but did not dismiss the case, its order was more akin to a stay of the proceedings; thus, the district court’s decision was an interlocutory order that may not be appealed under § 16(b)(3).

The Supreme Court has adopted a functional test for finality, examining what the district court has done, and has reiterated that a decision is final if it “ends the[*1244] litigation on the merits and leaves nothing for the court to do but execute the judgment.” Ray Haluch Gravel Co. v. Cent. Pension Fund of the Int’l Union of Operating Eng’rs & Participating Emp’rs, — U.S. —, 134 S.Ct. 773, 779, 187 L.Ed.2d 669 (2014); Green Tree, 531 U.S. at 86, 121 S.Ct. at 519; Catlin v. United States, 324 U.S. 229, 233, 65 S.Ct. 631, 633, 89 L.Ed. 911 (1945). Our court has applied the same test for finality, see, e.g., W.R. Huff Asset Mgmt. Co. v. Kohlberg, Kravis, Roberts & Co., 566 F.3d 979, 984 (11th Cir.2009); Pitney Bowes, Inc. v. Mestre, 701 F.2d 1365, 1368 (11th Cir.1983), and looks to the practical effect of the district court’s order, not to its form. See Thomas v. Blue Cross & Blue Shield Ass’n, 594 F.3d 823, 829 (11th Cir.2010) (“In making [§ 1291 finality] determinations, ‘we take a functional approach, looking not to the form of the district court’s order, but to its actual effect.’ ”) (quoting Birmingham Fire Fighters Ass’n 117 v. Jefferson Cnty., 280 F.3d 1289, 1293 (11th Cir.2002)). In Young v. Prudential Insurance Co. of America, 671 F.3d 1213 (11th Cir.2012), looking to the substance of the district court’s order, we held that it was not final even though it dismissed the case on the merits because the order had remanded part of the case, but “in substance,” left unresolved whether the plaintiff was entitled to relief. Id. at 1215.

The pertinent question we address in this case is not whether the district court’s administrative closure is the functional equivalent of a dismissal, but rather, whether the district court’s order, on the record before us, ended the litigation on the merits and left nothing more for the district court to do but execute the judgment. The district court granted Carnival’s motion to compel, dismissed as moot all other motions, and administratively closed the case. Notably, the district court’s order did not stay the proceedings, nor did it contemplate any further action on this case. Although the district court did not dismiss the case, the court’s order left all further merits determinations to the arbitrator. [2] Thus, the order effectively “end[ed] the litigation on the merits and [left] nothing more for the [district] court to do but execute the judgment.” Green Tree, 531 U.S. at 86, 89, 121 S.Ct. at 519, 521 (internal quotation marks omitted) (determining that an order of the district court compelling the parties to arbitrate and dismissing all the claims before it was a final and appealable decision).

We acknowledge that administratively closing a case is not the same as dismissing a ease. See Fla. Ass’n for Retarded Citizens, Inc. v. Bush, 246 F.3d 1296, 1298 (11th Cir.2001) (per curiam) (stating that a “closed” case does not prevent the district court from reactivating a case). Moreover, an administrative closure is not dispositive of finality. However, our focus is not on the district court’s label, but rather, on the effect of the district court’s order. See Thomas, 594 F.3d at 829. When the district court compels arbitration and disposes of all pending motions, it leaves the court with nothing more to decide, and it effectively and functionally has issued a decision that “ends the litigation on the merits.” Ray Haluch, — U.S. at —, 134 S.Ct. at 779.

In a prior case, we addressed the finality of an administratively closed case. See Brandon, Jones, Sandall, Zeide, Kohn, Chalal & Musso, P.A v. MedPartners, Inc., 312 F.3d 1349 (11th Cir.2002) (per curiam), abrogated by Ray Haluch, — U.S. —, 134 S.Ct. 773. In Brandon, we determined that the district court order[*1245] was not final even though it administratively closed the case because the district court explicitly retained jurisdiction to award attorneys’ fees. Id. at 1355. The district court in Brandon, unlike the district court in the present case, acknowledged that it still had other matters to resolve. Id. at 1353. Our court even noted that in most cases when a district court “rule[s] on all the relief requested,” and “close[s]” the case in its order, “that conduct would lead us to conclude that the order was final.” Id. at 1354. Thus, even under the analysis utilized in Brandon, the district court order in the present case would be final because it disposed of all pending motions and did not retain jurisdiction to confirm the arbitration award or to award attorneys’ fees associated with the arbitration. See also Emp’rs Ins. of Wausau v. Bright Metal Specialties, Inc., 251 F.3d 1316, 1321 (11th Cir.2001) (“[G]enerally speaking, a decision of the district court is final when it disposes of all the issues framed by the litigation and leaves nothing for the district court to do but execute the judgment.”).

The slight distinction between an administratively closed case and a dismissed case does not resolve the question of finality. What matters is whether the case, in all practicality, is finished. In this case, the district court not only administratively closed the ease, but it also denied all pending motions as moot and compelled arbitration. The district court’s order was a functionally final and appealable decision because it left nothing more for the court to do but execute the judgment. Accordingly, we conclude that the order compelling Martinez to arbitrate his claims was “a final decision with respect to an arbitration,” and we have appellate jurisdiction. 9 U.S.C. § 16(a)(3). See also Montero v. Carnival Corp., 523 Fed.Appx. 623, 625 (11th Cir.2013) (per curiam) (holding that the district court order compelling arbitration was a final appealable decision even though the order closed rather than dismissed the case).

IV.

Martinez argues the district court erred in compelling arbitration because the Seafarer’s Agreement terminated before this dispute arose.

The termination provision of the Seafarer’s Agreement between Martinez and Carnival states, in relevant part:

This Agreement shall automatically terminate without notice immediately upon Seafarer’s unscheduled disembarkation of the assigned vessel if Seafarer disembarks the vessel for any reason, including but not limited to unscheduled personal leave, illness or injury, for more than one full voyage. This Agreement shall also terminate without notice immediately upon Seafarer being unfit or unable to serve in his or her stated position at the commencement of a new voyage.

[R. 4-1 ¶ 2.] Under this language, the Seafarer’s Agreement terminated when Martinez disembarked from the cruise ship to seek treatment for his back injury which was preventing him from doing his job.

The Seafarer’s Agreement’s arbitration clause does not expressly state whether it survives the termination of the Seafarer’s Agreement, but its unambiguous language suggests viability. The provision states in relevant part:

Except for a wage dispute governed by [Carnival]’s Wage Grievance Policy and Procedure, any and all disputes arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, or Seafarer’s service on the vessel, shall be referred to and finally resolved by arbitration ....

[*1246] [R. 4-1 ¶7.] Clearly, the parties contemplated some circumstances in which the arbitration clause would survive the termination of the Seafarer’s Agreement.

“[P]arties can agree to arbitrate ‘gateway’ questions of ‘arbitrability,’ such as whether the parties have agreed to arbitrate or whether their agreement covers a particular controversy.” Rent-A-Center, W., Inc. v. Jackson, 561 U.S. 63, 68-69, 130 S.Ct. 2772, 2777, 177 L.Ed.2d 403 (2010). Thus, a court may conclude that the parties agreed to arbitrate the very issue of “arbitrability” where “there is clear and unmistakable evidence that they did so.” Id. at 79, 130 S.Ct. at 2783 (internal quotation marks omitted). Because parties can agree to arbitrate the very question of arbitrabililty, they can also agree to arbitrate disputes about contract termination. In this case, the district court did not err in refusing to determine whether the Agreement had terminated because the question of termination has remained in dispute and the “clear and unmistakable” language of the contract indicates that the parties intended for just such a dispute to be decided by arbitration and not the court. See id. at 79-80, 130 S.Ct. at 2783. [3]

Martinez also argues that even if the arbitration provision survives the termination of the agreement, his claim for medical negligence falls outside the scope of the arbitration clause in his employment contract because it did not arise under the Seafarer’s Agreement. He asserts that the language requiring arbitration pursuant to the Agreement does not include claims that arise from shoreside medical negligence.

There is a “federal policy favoring arbitration of labor disputes.” Granite Rock Co. v. Int’l Bhd. of Teamsters, 561 U.S. 287, 299, 130 S.Ct. 2847, 2857, 177 L.Ed.2d 567 (2010) (internal quotation marks omitted). When parties agree to arbitrate some matters pursuant to an arbitration clause, the “law’s permissive policies in respect to arbitration counsel that any doubts concerning the scope of arbitral issues should be resolved in favor of arbitration.” Id. at 298, 130 S.Ct. at 2857 (internal quotation marks omitted). Courts apply the presumption of arbitra-bility “only where a validly formed and enforceable arbitration agreement is ambiguous about whether it covers the dispute at hand,” and “where the presumption is not rebutted.” Id. at 301, 130 S.Ct. at 2858-59.

In determining whether a dispute arises out of a contract, “the focus is on whether the tort or breach in question was an immediate, foreseeable result of the performance of contractual duties.” Doe v. Princess Cruise Lines, Ltd., 657 F.3d 1204, 1218 (11th Cir.2011) (internal quotation marks omitted). In Doe, we held that claims arising under the Jones Act “are dependent on [the plaintiffs] status as a seaman employed by the cruise line and the rights that [the plaintiff] derives from that employment status.” Id. at 1221. See also O’Boyle v. United States, 993[*1247] F.2d 211, 213 (11th Cir.1993) (“[I]n order to recover damages under the Jones Act, [a plaintiff] must have the status of a seaman.”)- Although the Jones Act dictates Carnival’s duty of care, that duty extends to Martinez only because he was employed by Carnival as a seaman under the contract. In addition, the terms of the Agreement, which specifically reference Carnival’s obligation to provide medical treatment aboard the vessel or ashore, contemplated that Carnival would provide shoreside medical care for injuries Martinez sustained while on the job. Accordingly, we conclude that Martinez’s dispute with Carnival clearly arose out of or in connection with the Seafarer’s Agreement and is subject to arbitration.

V.

For the foregoing reasons, we affirm the district court’s order compelling arbitration.

AFFIRMED.

1

. Though Chapter 1 of the Federal Arbitration Act, which includes 9 U.S.C. § 16, does not directly apply to this case, see id. § 1 ("[N]othing herein contained shall apply to contracts of employment of seamen...the jurisdictional issue is evaluated under the framework of 9 U.S.C. § 16 because the CRE-FAA incorporates the provisions of Chapter 1 that do not conflict with it. Id. § 208.

2

. Indeed, both parties conceded at oral argument that there were no other issues for the district court to resolve after it compelled arbitration.

3

. Martinez also contends Carnival is equitably estopped from enforcing the arbitration provision because Carnival took the inconsistent position of treating the Seafarer’s Agreement as terminated when it stopped paying his wages but as not terminated for the purpose of arbitrating his claim. Martinez is incorrect. Carnival's assertion that the arbitration provision survives termination of the Seafarer’s Agreement is not inconsistent with treating the Seafarer's Agreement as terminated. Thus, equitable estoppel does not apply. See Sea Byte, Inc. v. Hudson Marine Mgmt. Servs., Inc., 565 F.3d 1293, 1304 (11th Cir.2009) (stating that equitable estoppel applies only when a party adopts a position that is contrary to an earlier position).