Florida/Georgia Personal Injury & Workers Compensation

...1801, 18 L.Ed.2d *283 1270 (1967). It has become known as the "separability" doctrine. John B. Goodman Ltd. P'ship, 321 F.3d at 1095. See also Ronbeck Constr. Co. v. Savanna Club Corp., 592 So.2d 344, 347 (Fla. 4th DCA 1992) (discussing "separability" pursuant to section 682.03 of the Florida Arbitration Code)....

...Indeed all of the grounds for the fraud claims are predicated on events dealing with performance under the original contract, rather than its making. There is no doubt that Florida arbitration law makes an arbitration provision in a contract separate from the rest of the contract. Section 682.03, Florida Statutes (1989), contains several provisions establishing the separable nature of arbitration agreements....

...The latter usage especially covers this precise point: "If the court shall find that a substantial issue is raised as to the making of the agreement or provision, it shall summarily hear and determine the issue and, according to its determination, shall grant or deny the application." [e.s.] See also Section 682.03(4), Florida Statutes (1989)....

...After receiving USF & G's response, the insureds all filed petitions to compel appraisal. [3] When a party refuses to arbitrate a dispute in accordance with the policy's arbitration clause, the other party may bring an action to compel arbitration. See Florida Arbitration Code, § 682.03, Fla....

...The insureds contend that USF & G's insistence upon their compliance with the policy's post-loss obligations before considering appraisal is a refusal to arbitrate so as to mandate appraisal. However, before a court can compel a party to participate in arbitration there must first exist an arbitrable issue. See § 682.03, Fla. Stat. (1995); Phillips v. General Accident Ins. Co. of Am., 685 So.2d 27, 29 (Fla. 3d DCA 1996) (interpreting the Florida Arbitration Code, § 682.03, Fla....

...l courts. Consequently, all statutes that purport to govern the right to appeal are now inoperative. In re Wartman's Estate, 128 So.2d 600 (Fla. 1961). We therefore reject the argument that Section 682.20(1)(a) confers the right to appellate review. Section 682.03(1), Florida Statutes (1979) authorizes a party to an arbitration agreement claiming the neglect or refusal of another party to comply therewith to apply to the circuit court for an order directing the parties to proceed with arbitration....

...NOTES [1] Florida Rule of Appellate Procedure 9.010 provides that these rules "shall take effect at 12:01 a.m. on March 1, 1978." [2] Prior to a court directing the parties to proceed with arbitration the court must be "satisfied that no substantial issue exists as to the making of the agreement or provision ..." § 682.03(1), Fla....

...Nevertheless, after reviewing the Florida Arbitration Code and Florida caselaw, we conclude the result is the same under Florida law. 14 The Florida Arbitration Code is substantially similar to the FAA and the Uniform Arbitration Act. 1 In language similar to that used in the FAA, § 682.03(1) of the Florida Arbitration Code states: "If the court is satisfied that no substantial issue exists as to the making of the agreement or provision [for arbitration], it shall grant the application [directing the parties to proceed with a...

...ny allegation that the arbitration provision itself was fraudulently induced. 592 So.2d at 347 . The court stated: 17 There is no doubt that Florida arbitration law makes an arbitration provision in a contract separate from the rest of the contract. Section 682.03, Florida Statutes (1989), contains several provisions establishing the separable nature of arbitration agreements....

...The latter usage especially covers this precise point: 18 "If the court shall find that a substantial issue is raised as to the making of the agreement or provision, it shall summarily hear and determine the issue and, according to its determination, shall grant or deny the application." [e.s.] 19 See also Section 682.03(4), Florida Statutes (1989)....

...of the agreement to arbitrate. But, rather than schedule an evidentiary hearing, the trial court entered a second order denying the motion to compel arbitration. We reverse because the trial court failed to comply with the procedural requirements of section 682.03(1), Florida Statutes (1981). [4] Speedy resolution of disputes is the raison d'etre of arbitration. Once parties agree to arbitrate, it is essential that they have an easy and quick means to enforce their agreement to arbitrate. [5] Section 682.03(1), Florida Statutes (1981) and 9 U.S.C. § 4 (1970) mirror these concerns and offer a realistic solution in the form of a carefully crafted "abbreviated and summary procedure." Fremont Cake & Meal Co. v. Wilson & Co., 9 F.R.D. 243, 244 (D.Neb. 1949). For example, section 682.03(1) calls for minimal pleadings....

...NOTES [1] Merrill Lynch Pierce Fenner & Smith, Inc. v. Melamed, 405 So.2d 790 (Fla. 4th DCA 1981). [2] 9 U.S.C. §§ 1 to 14 (1970). [3] See also Ultracashmere House, Ltd. v. Meyer, 664 F.2d 1176 (11th Cir.1981). [4] Because state and federal arbitration procedures are virtually identical, compare § 682.03(1), Fla....

...(2005) (emphasis supplied). If a *185 dispute arises regarding a party's refusal to comply with an agreement to arbitrate, the court is required to compel arbitration if it "is satisfied that no substantial issue exists as to the making of the agreement or provision." § 682.03(1), Fla....

...[6] Although not binding on our interpretation of the issue under the FAC, Howsam is persuasive because both the FAC and the FAA require the court to compel arbitration if it finds that a valid arbitration agreement exists and are silent on the issue of who should decide statute of limitations issues. See § 682.03(1), Fla....

...[3] A stay of judicial proceedings is required when the action involves an issue subject to arbitration, an application for arbitration has been made, and the trial court determines the arbitration decision may have an effect on the litigation. See *395 § 682.03(3), Fla.Stat....

...ased its claim of entitlement to arbitration. [3] It is the assignment of the insured's interest in personal injury protection benefits to medical services providers which authorizes the insurer's demand for arbitration under section 627.736(5). [4] Section 682.03(3), Fla.Stat., provides: (3) Any action or proceeding involving an issue subject to arbitration under this law shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect thereto only....

...uling or written order addresses this issue. Moreover, the record on appeal is not sufficiently developed for this court to make a ruling on the validity of the arbitration provision. Accordingly, we remand for further proceedings on this issue. See § 682.03(1), Fla....

...[1] *873 In our view, the very issues Fairways seeks to resolve by litigation must be resolved in arbitration. First, Fairways' suit does not challenge the validity of the contract or its provision for arbitration, but instead, in full recognition of the contract, seeks damages for its breach. The Florida Arbitration Code, Section 682.03(1), Florida Statutes (1981), specifically provides: "A party to an agreement or provision for arbitration subject to this law claiming the neglect or refusal of another party thereto to comply therewith may make application to the cour...

...Peters of Knight, Peters, Hoeveler, Pickle, Niemoeller & Flynn, and Jeanne Heyward, Miami, for petitioner. John F. Howard of Howard, Camillo & Payne, Fort Lauderdale, for respondents. OVERTON, Justice. The petitioner, Damora, is a New York architect who is seeking to enforce, pursuant to Section 682.03, Florida Statutes, a contract provision requiring arbitration in a foreign jurisdiction, specifically New York City, New York....

...te or federal, having jurisdiction. The decision of the arbitrators shall be a condition precedent to the right of any legal action." [The underlined portion is the addendum.] The petitioner moved to require arbitration pursuant to the provisions of Section 682.03, Florida Statutes, and requested the court to enter an order directing the parties to proceed with arbitration in accordance with the terms and provisions of the contract....

...If the court shall find that a substantial issue is raised as to the making of the agreement or provision, it shall summarily hear and determine the issue and, according to its determination, shall grant or deny the application. § 682.03(1), Fla. Stat. (2004). We also note that effective July 1, 2013, the Florida Legislature revised section 682.03....

...Trial Court’s Findings that No Arbitration Agreement Exists A trial court’s findings of fact are presumptively correct unless clearly erroneous. See Tobin v. Michigan Mut. Ins. Co., 948 So. 2d 692, 696 (Fla. 2006) (“On appeal, ‘[t]he findings of a trial court are presumptively correct and must § 682.03, Fla....

...First Montauk admits that it is a member of the NASD, subject to its by-laws, rules and regulations. Allegations of First Montauk's Amended Complaint On March 16, 1998, First Montauk served its Amended Complaint which requested relief based on the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1 et seq., § 682.03(4) Florida Statutes, and the federal Declaratory Judgment Statute, 28 U.S.C....

...PER CURIAM. This cause is before us on petition for a writ of certiorari, seeking review of the trial court's denial of petitioners', Zac Smith & Company, Inc., and Lumbermens Mutual Casualty Company's, motion to stay and compel arbitration, pursuant to Section 682.03, Florida Statutes (1983), of the matters contained in the complaint of respondent, Moonspinner Condominium Association, Inc....

..."Where the contract contains an arbitration clause which is legally enforceable, the general view is that the beneficiary is bound thereby to the same extent that the *1325 promisee is bound." 2 Williston on Contracts (3d ed.) § 364A (1959). [1] We hold that Section 682.03, Florida Statutes (1983), [2] applies to third-party beneficiaries to a contract containing an arbitration clause, such as in the instant case, and subjects the third-party beneficiary to the arbitration agreement....

...As third-party beneficiaries of the agreement, appellants have the same rights with the same limitations as promisee — union, and, since the union could proceed in arbitration, including moving to set aside an arbitration decision, appellants, as employees and beneficiaries, could do likewise. [2] Section 682.03, Florida Statutes, in pertinent part: (1) A party to an agreement or provision for arbitration subject to this law claiming the neglect or refusal of another party thereto to comply therewith may make application to the court for an or...

...w that if after remand and the filing of defensive pleadings, a controversy between the parties should appear either as to the plaintiff's right to final payment or the amount thereof, an application may be made to the trial court in accordance with Section 682.03(2), F.S. 1971, F.S.A., for an order for arbitration. Normally such an application should be granted. The order *839 for arbitration should stay the judicial proceedings pending a determination of the controversy submitted to arbitration (see Section 682.03(3))....

...m the decision of the trial court. At the outset, we note that the illegality and unenforceability of the construction contract-which contained an arbitration provision-was an issue to be decided by the trial court rather than by the arbitrator. See § 682.03(1), Fla....

...Proceeding in court is precluded by the arbitration provisions and proceeding in arbitration is precluded by Plaintiff's inability to pay the deposit required. The trial court, in effect, determined that the Collyers' inability to pay the agreed costs excused them from the terms of their contract. We reverse. Section 682.03, Florida Statutes, provides in relevant part: A party to an agreement or provision for arbitration subject to this law claiming the neglect or refusal of another party thereto to comply therewith may make application to the court for a...

...ily hear and determine the issue and, according to its determination, shall grant or deny the application. [Emphasis added]. This language has been interpreted to mean: The trial court's role when considering applications to compel arbitration under Section 682.03, Florida Statutes (1987), is limited to determining (1) whether a valid written agreement exists containing an arbitration clause, (2) whether an arbitrable issue exists, and (3) whether the right to arbitrate was waived....

...annot afford the deposit to cover the expenses of arbitrating. In considering the Collyers' financial status and their resulting inability to comply with the arbitration provision, the trial court exceeded the scope of its limited role as defined by section 682.03 and Piercy....

...them relating to such contract or the failure or refusal to perform the whole or any part thereof," and that such an agreement or provision shall be "valid, enforceable and irrevocable without regard to the justiciable character of the controversy." Section 682.03 provides for application to the court for an order directing the parties to proceed with arbitration in accordance with the terms of their agreement therefor, and that if the court is satisfied there is no substantial issue as to the m...

...1, 103 S.Ct. 927, 74 L.Ed.2d 765 (1983). On remand, the trial court entered a second order denying arbitration. We reviewed this decision in "Melamed II" and quashed the order because the trial court had not held an evidentiary hearing as required by section 682.03(1), Florida Statutes (1983)....

...McDaniel filed a claim of mechanic's lien and then instituted an action to foreclose the lien pursuant to Sections 713.01-.37, Florida Statutes (1979). Berhalter responded by filing a motion to compel arbitration pursuant to the Florida Arbitration Code, Section 682.03, Florida Statutes (1979)....

...rbitration award by means of a mechanic's lien. Id. at 839. We also set-out the proper procedure to be followed when a controversy subject to an agreement to arbitrate is before a trial court and a party makes an application to the court pursuant to Section 682.03(2) for an order to compel arbitration. We said: Normally such an application should be granted. The order for arbitration should stay the judicial proceedings pending a determination of the controversy submitted to arbitration (see Section 682.03(3))....

...In other chapters, the Legislature has recognized that arbitration is a proceeding. For example, in the Florida Arbitration Code, set forth in chapter 682, the Legislature refers to arbitration as an “arbitration proceeding” in various provisions. In particular, section 682.03(4) provides as follows: “On application the court may stay an arbitration proceeding commenced or about to be commenced, if it shall find that no agreement or provision for arbitration subject to this law exists between the party making the application and the party causing the arbitration to be had.” § 682.03(4), Fla....

...1947); In re Kramer & Uchitelle, Inc., 288 N.Y. 467, 43 N.E.2d 493 (1942); Application of Goldmar Hotel Corp., 283 A.D. 935, 130 N.Y.S.2d 615. We conclude, therefore, that Sabates' civil theft claim is properly the subject of arbitration. V. The Stay of Judicial Proceedings Section 682.03(3), Florida Statutes (1981), provides that *519 "Any action or proceeding involving an issue subject to arbitration under this law shall be stayed if an order for arbitration or an application therefor has been made under this section, or, if the issue is severable, the stay may be with respect thereto only ......

...02 proceeding. That order is the subject of an interlocutory appeal in #75-1209, which has been consolidated with the appeal in #75-990 for all appellate purposes. Although the proceeding in the circuit court was the rather summary one authorized by § 682.03 F.S....

...ng from continuing. Following a hearing on the board's complaint, the trial court concluded that no arbitrable issue existed and therefore granted the board's requests. The trial court's role when considering applications to compel arbitration under Section 682.03, Florida Statutes (1987), is limited to determining (1) whether a valid written agreement exists containing an arbitration clause, (2) whether an arbitrable issue exists, and (3) whether the right to arbitrate was waived....

...Mayfair House Ass'n, Inc., 395 So.2d 1171, 1173 (Fla. 4th DCA 1981). The trial court should not, however, delve into the merits of the grievance, because "[a]n order for arbitration shall not be refused on the ground that the *808 claim in issue lacks merit or bona fides." § 682.03(5), Fla....

...In ruling on a motion to compel arbitration, there are three elements that the trial court must consider: (1) whether a valid written agreement to arbitrate exists, (2) whether an arbitrable issue exists, and (3) whether the right to arbitration was waived. Seifert v. U.S. Home Corp., 750 So.2d 633, 636 (Fla.1999). Section 682.03(1), Florida Statutes (2003), furnishes a guide to the procedure that the trial court must follow in adjudicating these three elements....

...Without *533 conducting an evidentiary hearing, the trial court granted the motion to compel arbitration based on its review of the contract documents, an affidavit, and the arguments of counsel. Id. The trial court in Proper was able to comply with section 682.03(1) by summarily hearing the issue and determining that the arbitration clause had been incorporated into the contract based on the contract itself....

...Vouis, 247 So.2d 733 (Fla. 3d DCA 1971). Petitioner first urges that section 517.241, Florida Statutes (1981) does not contain an express prohibition against arbitration of disputes arising under the Florida Securities Act and that our decision is controlled by section 682.03, Florida Statutes (1981), which provides that arbitration agreements are valid, irrevocable, and enforceable....

...Here, however, the rule is particularly apt because we have a clear statement from the legislative text that the legislature intended to maintain close consonance with federal legislation. To our mind, this specific legislative intent in a particular field of law carries more weight than the general declaration in section 682.03 that arbitration agreements are valid, irrevocable, and enforceable....

...itrate, should go forward. [1] *1214 Commercial, contending that all trial court proceedings should be stayed pending arbitration of the dispute between it and Fairways, seeks review of that order. [2] Commercial maintains that a stay is required by Section 682.03(3), Florida Statutes (1981)....

...829, 104 N.Y.S.2d 297 (1951); Cold Wave Cooling Corp. v. Famous Jerome, Inc., 141 N.Y.S.2d 898 (N.Y. Sup. Ct. 1955). Fairways argues that Schulman Investment Co. v. Olin Corp., 458 F. Supp. 186 (S.D.N.Y. 1978), decided under the Federal Arbitration Code's counterpart to Section 682.03(3), [3] requires that any stay of trial proceedings be limited to the arbitrating parties....

...pon the issue between Fairways and the design engineer. Thus, the arbitrable issue, although not severable from the issue in the action against Commercial's subcontractors, is severable from the issue in the action against the design engineer. Since Section 682.03(3) expressly provides that "if the issue is severable, the stay may be with respect thereto only," no stay was required of the litigation between Fairways and the design engineer....

...be taxed with O'Brien Imports' attorney's fees because O'Brien Imports obtained a court order compelling arbitration. The arbitration agreement's fee provision also penalizes the Buyers for exercising their rights under the Florida Arbitration Code, section 682.03, to have the court decide certain gateway issues and under section 672.302, Florida Statutes (2000), to have the court determine whether the agreement is unconscionable....

...acter of the controversy.” Id. ‘Where there is a dispute between the parties to a contract concerning the propriety of arbitration, the proper remedy is for a party to apply to the court for an order compelling or staying arbitration pursuant to section 682.03, Florida Statutes (1999).” Hospitality Ventures of Coral Springs, L.C....

...ant the application. If the court shall find that a substantial issue is raised as to the making of the agreement or provision, it shall summarily hear and determine the issue and, according to its determination, shall grant or deny the application. § 682.03(1), Fla....

...1969), 218 So.2d 761, and Chastain v. Embry (Fla.App. 1960), 118 So.2d 33. [2] See, Chapter 682, Fla. Stat. 1971, F.S.A. Section 682.20 thereof provides as follows: "Appeals. — (1) An appeal may be taken from: (a) An order denying an application to compel arbitration made under § 682.03; (b) An order granting an application to stay arbitration made under § 682.03(2)-(4); (c) An order confirming or denying confirmation of an award; (d) An order modifying or correcting an award; (e) An order vacating an award without directing a rehearing; or (f) A judgment or decree entered pursuant to the provisions of this law....

...The court denied Florida Select's motions. As Florida Select pointed out, arbitration agreements are a favored means of dispute resolution. In order to stay arbitration, a party must raise an issue "as to the making of the agreement," or assert that no agreement exists. See § 682.03(1), (4), Fla. Stat. (1995). When faced with a motion to compel arbitration under section 682.03, a trial court is limited to considering whether (1) the agreement contains a valid arbitration clause, (2) an arbitrable issue exists, and (3) the right to arbitration has been waived....

...834, 130 L.Ed.2d 753 (1995) (concluding that Congress intended to exercise its full Commerce Clause power when it passed the Federal Arbitration Act), it is unnecessary for us to address this issue because, for purposes of this appeal, the relevant provisions of the two acts (i.e., section 682.03(1), Florida Statutes (2005), and title 9, section 4, United States Code (2000)) "are virtually identical." See Merrill Lynch Pierce Fenner & Smith, Inc....

...5th DCA 1998) ("judicial interpretation of Florida statutes is a purely legal matter and therefore subject to de novo review"); Dep't of State v. Martin, 885 So.2d 453, 456 (Fla. 1st DCA 2004) (same, citing Racetrac Petroleum ), affirmed, 916 So.2d 763 (Fla.2005). Section 682.03(1) of the Florida Arbitration Code reads: A party to an agreement or provision for arbitration subject to this law claiming the neglect or refusal of another party thereto to comply therewith may make application to the court for an or...

...ocument, which he never saw, supposedly incorporated by reference into the contract). We find these federal and state decisions persuasive given the substantial nature of the factual dispute created by Rowe's affidavit. It is clear that, pursuant to section 682.03(1) of the Florida Arbitration Code, when a factual dispute such as that in this case exists, upon request, the trial court must hold an expedited evidentiary hearing and determine whether a *542 valid agreement to arbitrate exists....

...onducted the hearing, contrary to the provisions of § 682.06, as to prejudice substantially the rights of a party; or (e) There was no agreement or provision for arbitration subject to this law, unless the matter was determined in proceedings under § 682.03 and unless the party participated in the arbitration hearing without raising the objection; But the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing t...

...BDO Seidman, LLP v. Bee, 970 So.2d 869, 873-74 (Fla. 4th DCA 2007) (citing Fonte v. AT & T Wireless Servs., Inc., 903 So.2d 1019, 1023 (Fla. 4th DCA 2005)). Chapter 682, Florida Statutes (2010), governs arbitration in commercial contract cases. Section 682.03 provides that once a party has filed a motion to compel arbitration, If the court is satisfied that no substantial issue exists as to the making of the agreement or provision, it shall grant the application. If the court shall find that a substantial issue is raised as to the making of the agreement or provision, it shall summarily hear and determine the issue and, according to its determination, shall grant or deny the application. § 682.03(1), Fla....

...ad addressed the arbitration issues in his "pleadings." The attorney responded: "Is there a requirement that I have to, Judge? Because I don't see any case law that says that." Moments later, the trial court granted the motion to compel arbitration. Section 682.03(1), Florida Statutes (2005), governs proceedings to compel arbitration....

...The question presented in this case is the procedure for deciding whether "a substantial issue is raised" as to the making of the agreement. The statute does not require the filing of a pleading before the court makes this preliminary determination; rather section 682.03(1) contemplates an "abbreviated and summary procedure" for raising issues, akin to the small claims rules, which allow a defendant to raise issues at a preliminary hearing, without the necessity of written pretrial motions or defensive pleadings....

...Melamed, 425 So.2d at 128; see Fla. Sm. Cl. R. 7.090(b) & (c), 7.135 (allowing court to enter "appropriate order or judgment" if it appears at the pretrial conference that "there is no triable issue"). Because "[s]peedy resolution of disputes is the raison d'etre of arbitration," section 682.03(1) contemplates "an easy and quick means to enforce" an arbitration agreement. Melamed, 425 So.2d at 128. Examination of the case law reveals four ways that parties might demonstrate to a court that a disputed issue exists "as to the making of the agreement" within the meaning of section 682.03(1):(1) arguments of counsel at a hearing, see Houchins v....

...Thereupon, Butcher & Singer sued Frisch for breach of contract. Frisch moved to dismiss the complaint on the ground that Butcher & Singer failed to comply with the arbitration provisions of the contracts. Although Frisch's motion is not the usual motion to compel arbitration pursuant to Section 682.03(1), Florida Statutes (1981), the substance of the appellee's pleading is based upon the contractual right to arbitration....

...tire section on mediation and arbitration crossed out. The crossed out section was, moreover, initialed by each of the parties. A month later Infinity filed a complaint in circuit court seeking a stay of the arbitration proceeding in accordance with section 682.03(4), Florida Statutes (2006)....

...Various motions, hearings and amendments finally resulted in settling the pleadings and thereupon a motion was made by the appellant to compel arbitration pursuant to the arbitration clause of the contracts and the provisions of Section 682.02 and 682.03, Florida Statutes (1975)....

...acts, it would be inconsistent with organic law to enforce the arbitration provision contained in the management agreements, notwithstanding the fact that the defendant has properly invoked this Court's jurisdiction to compel arbitration pursuant to Section 682.03, Florida Statutes and notwithstanding the provisions of Section 682.02, Florida Statutes, which provides, inter alia, that an agreement or provision in a contract requiring arbitration shall be valid, enforceable, and irrevocable without regard to the justiciable character of the controversy....

...empting to litigate a matter already pending between the parties in the prior proceedings. As clearly indicated therein, this court construed the action as a collateral attempt to avoid the arbitration clause of the contract. Under the provisions of Section 682.03, Florida Statutes, such an application, if proper at all, should clearly have been asserted in the original action....

...on in the City of Miami, County of Dade, State of Florida, in accordance with the rules then obtaining of the American Arbitration Association, and judgment upon the award rendered may be entered in any Court having jurisdiction thereof." Fla. Stat. § 682.03(4), F.S.A., states: "On application the court may stay an arbitration proceeding commenced or about to be commenced, if it shall find that no agreement or provision for arbitration subject to this law exists between the party making the application and the party causing the arbitration to be had....

...Mintz, 724 So.2d 1254 (Fla. 4th DCA 1999), we held that where a party opposing arbitration asserts that the arbitration agreement is unenforceable, the trial court errs in deciding the motion before making a determination as to whether a valid arbitration agreement exists. Section 682.03(1), Florida Statutes provides: A party to an agreement or provision for arbitration subject to this law claiming the neglect or refusal of another party thereto to comply therewith may make application to the court for an order directing the parties to proceed with arbitration in accordance with the terms thereof....

...agreement or the failure, neglect, or refusal to perform the same, the court is mandated to `summarily hear and determine the issue. . . .' In our view, the latter requirement contemplates an expedited evidentiary hearing." 425 So.2d at 129 (quoting section 682.03(1), Fla....

...The court then explained that section 501.2105 provides for prevailing party attorney's fees for FDUTPA violations. By contrast, [T]he attorney's fee provision in the arbitration agreement... also penalizes the Buyers for exercising their rights under the Florida Arbitration Code, section 682.03, ......

...The arbitration agreement that Avatar Properties seeks to enforce requires nonbinding arbitration. The provisions in the arbitration code, chapter 682, Florida Statutes (2009), seem designed to apply to binding arbitration. This is not a case where the trial court can enter an order compelling arbitration pursuant to section 682.03 and then wait to see whether it will be called upon to confirm the binding decision pursuant to section 682.12....

...ordance with the Florida Arbitration Code. Mills v. Robert W. Gottfried, Inc., 272 So.2d 837 (Fla. 4th DCA 1973). Any party to a construction contract subject to the Arbitration Code may apply to the circuit court for an order to compel arbitration. Section 682.03, Florida Statutes (1977)....

...en waived. Bigge Crane and Rigging Co. v. Docutel Corporation, 371 F. Supp. 240 (E.D.N.Y. 1973). Any action or proceeding involving an issue subject to arbitration should be stayed if an order for arbitration or an application thereof has been made. Section 682.03(3), Florida Statutes (1977)....

...nt of an arbitration clause. Florida Keys Elec. Coop. Ass'n. v. A & G Blaton of Fla., Inc., 574 So.2d 1225 (Fla. 3d DCA 1991). We think, however, the better view is to treat the motion as a motion to stay and grant it pursuant to sections 682.02 and 682.03." 677 So.2d at 107. Section 682.03(3) is part of the Florida Arbitration Code and provides that: "Any action or proceeding involving an issue subject to arbitration under this law shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include such stay." *392 § 682.03(3), Fla....

...institution of court litigation, a party to a dispute shall [e.s.] petition ... for nonbinding arbitration." Our opinion in Blum did not explain why, in light of these provisions in section 718.1255 and the absence of a stay provision comparable to section 682.03, an unauthorized filing in court without prior arbitration should not be dismissed....

...an evidentiary hearing. He points out that the relief requested was only his motion for default and PRC's motion for stay pending resolution by the arbitration panel. Epstein's complaint sought only a stay of the arbitration proceedings pursuant to section 682.03(4), Florida Statutes (2003)....

...arty making the application and the party causing the arbitration to be had. The court shall summarily hear and determine the issue of the making of the agreement or provision and, according to its determination, shall grant or deny the application. § 682.03(4), Fla....

...ereof in favor of arbitration, rather than against it. See Moses H. Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1, 103 S.Ct. 927, 74 L.Ed.2d 765 (1983). Turning now to the issue of a dismissal versus a stay, we initially note that section 682.03(3), Florida Statutes (1995), provides as follows: Any action or proceeding involving an issue subject to arbitration under this law shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect thereto only....

...nt of an arbitration clause. Florida Keys Elec. Coop. Ass'n. v. A & G Blaton of Fla., Inc., 574 So.2d 1225 (Fla. 3d DCA 1991). We think, however, the better view is to treat the motion as a motion to stay and grant it pursuant to sections 682.02 and 682.03....

...Operis claimed that because Doral was aware of the alleged contract and its contents, Doral waived any right to compel arbitration by answering Operis' complaint and actively participating in the litigation. These issues must be resolved by the trial court. WHETHER A VALID AGREEMENT TO ARBITRATE EXISTS Section 682.03(1), Florida Statutes, (2006), states: "If the court shall find that a substantial issue is raised as to the making of the agreement or provision [to arbitrate], it shall summarily hear and determine the issue and, according to its dete...

...l relationship. We hold it was error for the trial court to compel arbitration before it determined as a factual matter whether the parties intended to continue to be bound by the arbitration clause after the written contracts terminated. Fla. Stat. § 682.03(1) (1989); Calloway Homes, Inc....

...Secondary replies that there was no reliance by Soler on anything Secondary said or did. Obviously this is a factual dispute for the arbitrator to decide. The Arbitration Code is clear. The only question for the trial court is whether the parties made an arbitration agreement which covered this controversy. See § 682.03(1), (4), Fla....

...This appeal timely followed. The courts of this state have repeatedly approved arbitration clauses, giving effect to the letter and purpose of the Florida Arbitration Code, Sections 682.01-22, Florida Statutes (1977). The trial court was required under Section 682.03 to grant an application for an order compelling arbitration in Morton Z....

...Rather, it merely states that Tremarco agrees to "provide" a Firestone warranty. We are unable to find anywhere in the Tremarco contract words remotely indicating an intention that the owner and Tremarco agree, between themselves, to be bound by the Firestone warranty and its arbitration provision. Section 682.03, Florida Statutes (1997), states that: "A party to an agreement or provision for arbitration subject to this law claiming the neglect or refusal of another party thereto to comply therewith may make application to the court for an orde...

...se) for determination, which shall be binding on the parties, with the fees and costs of such accounting firm to be paid one-half by [Westinghouse] and one-half by [Gale]. (emphasis supplied). In considering motions to compel arbitration pursuant to section 682.03, Florida Statutes (1993), the trial court is limited to determining the following: (1) whether the parties entered into a valid written agreement to submit to arbitration; (2) whether an *663 arbitrable issue exists; and, (3) whether t...

...9  C. Evidentiary Hearing The Revised Florida Arbitration Code authorizes the trial court “summarily to decide” a motion to compel arbitration “unless it finds that there is no enforceable agreement to arbitrate.” § 682.03(1)(b), Fla....

...ract is bound by an arbitration clause in that contract. See Zac Smith & Co. v. Moonspinner Condominium Ass'n, 472 So.2d 1324, 1325 (Fla. 1st DCA 1985) (citing 2 Williston on Contracts, § 364A (3d ed. 1959)). The Zac Smith court also explained that section 682.03, Florida Statutes (1983), which authorizes the filing of a motion to compel arbitration, extends to third-party beneficiaries to a contract containing an arbitration clause....

...Gay Mechanical Contractor, Inc. v. Wharfside Two, Ltd., 545 So.2d 1348 (Fla. 1989). The appellant contends that according to Merril Lynch, Pierce, Fenner & Smith, Inc. v. Melamed, 425 So.2d 127 (Fla. 4th DCA 1982), petition for review denied, 433 So.2d 519 (Fla. 1983), and section 682.03(1), Florida Statutes (1987), a trial court is required to conduct a full evidentiary hearing to determine whether there was an agreement to arbitrate before granting or denying a motion for an order compelling arbitration. He argues that the trial court in this case abused its discretion in neglecting to find that a dispute between the parties existed as to the making of an agreement to arbitrate and in denying his request for an evidentiary hearing on the issue. Section 682.03(1) states that a trial court, upon finding that a substantial issue is raised as to the making of an agreement or provision concerning arbitration, shall "summarily hear and determine the issue and, according to its determination, shal...

...refore there was no contract provision for arbitration of Mirth's claim for damages for personal injuries against (insured) Purcell, the plaintiff sought a temporary and permanent injunction to stay the arbitration, as authorized and provided for by § 682.03(4) Fla....

...rcell automobile was insured. See Manning v. Travelers Insurance Co., Fla. 1971, 250 So.2d 872; Jimenez v. Liberty Mutual Insurance Co., Fla.App. 1973, 270 So.2d 406. An application for a stay of arbitration was properly presented to the court under § 682.03(4) Fla....

...App. 1968, 207 So.2d 73, 75. Precluding the judgment for the defendant on the pleadings was the plaintiff's allegation, to be taken as true, that Gateway was adjudged insolvent approximately two years after the date of the accident. As provided for in § 682.03(4) Fla....

...Zisser of Zisser, Robison, Spohrer, Wilner & Harris, P.A., Jacksonville, for respondent. ROBERT P. SMITH, Jr., Chief Judge. Lipton's petition for writ of certiorari is the proper vehicle for obtaining review of an interlocutory circuit court order denying Lipton's application, section 682.03, Florida Statutes (1981), "for an order directing the parties to proceed with arbitration......

...the complaint. Unless, following remand of the cause, it shall be made to appear that the alleged agreement or provision for arbitration does not exist in the policy, the plaintiff's motion to compel arbitration should be granted, as provided for in § 682.03 Fla....

...of a valid contract. Because we agree with Jalis that the trial court was required to determine whether the parties had a valid arbitration agreement before ruling on the motion to compel arbitration, we reverse. Under the Florida Arbitration Code, section 682.03(1), Florida Statutes (1997), when the party opposing arbitration disputes the existence or validity of an agreement to arbitrate, the trial court is to resolve that *1255 question as part of the ruling on the motion to compel arbitration....

...Arbitration agreements "shall be valid, enforceable, and irrevocable without regard to the justiciable character of the controversy." § 682.02. To stay arbitration, a party must raise an issue "as to the making of the [arbitration] agreement" or assert that no agreement for arbitration exists. §§ 682.03(1) and (4). Furthermore, "[a]n order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides." § 682.03(5). "`The trial court's role when considering applications to compel arbitration under Section 682.03, Florida Statutes (1987), is limited to determining (1) whether a valid written agreement exists containing an arbitration clause, (2) whether an arbitrable issue exists, and (3) whether the right to arbitrate was waived.'" North Am....

...this law shall not apply...." Upon application by a party to compel compliance with an arbitration provision, the court shall grant the application if it "is satisfied that no substantial issue exists as to the making of the agreement or provision." § 682.03....

....1 stating that if the parties cannot agree on a forum for mediation or arbitration, the forum shall be Indianapolis, Indiana. This term, requiring arbitration in Indianapolis under certain conditions, is not enforceable by a trial court pursuant to section 682.03 of the Florida Arbitration Code because it calls for arbitration in a foreign jurisdiction....

...r. Generally, before a right to compel arbitration arises, the petitioners must establish that there was a written agreement containing an arbitration clause, the existence of an arbitrable issue, and that the right to arbitrate has not been waived. § 682.03, Fla....

...It contends that the trial court should have assumed the truth of its complaint, which alleged the existence of a contract and an addendum. It urges that if there was a substantial issue as to the making of the contract or the addendum, the trial court was required by section 682.03(1), Florida Statutes (1989), to summarily hear and determine the issue and, according to its determination, *99 grant or deny its request for arbitration....

...ract or the addendum constituted that contract. The court decided that as a practical matter it should determine the issue because if the arbitration panel were to find there was in fact no contract, the case would be sent back to the circuit court. Section 682.03(1) provides as follows: A party to an agreement or provision for arbitration subject to this law claiming the neglect or refusal of another party thereto to comply therewith may make application to the court for an order directing the parties to proceed with arbitration in accordance with the terms thereof....

...The Fourth District reversed, finding that the refusal of Melamed's counsel to stipulate to the authenticity of the agreement to arbitrate was sufficient to indicate that there was a dispute about the making of the agreement, thus triggering the requirement of section 682.03(1) that the trial court conduct a full evidentiary hearing on the issue. The Fourth District noted in defense of the trial judge that neither party had advised him of the mandatory language of section 682.03(1). See also Calloway Homes, Inc. v. Smiley, 422 So.2d 49 (Fla. 4th DCA 1982). In the instant case, it is clear from the transcript of the hearing on Acumen's motion that, as in Melamed, neither party advised the trial judge of the requirements of section 682.03(1). We have no doubt, however, that the course of action the trial judge took reflects his intent to comply with the spirit of section 682.03(1) and hold an evidentiary hearing on the issue of the *100 existence of the contract to arbitrate. The trial judge's statement that whether a contract existed between the parties would have to be determined reveals that a substantial issue regarding the making of an agreement or provision to arbitrate, as contemplated by section 682.03(1), was raised....

...The Orthopedic Center also seeks to prevent the termination of the management agreement. Because of the ex parte Alabama injunction still in effect, the AAA has been unable to proceed with the arbitration. II. Legal Analysis A. Motion to Compel Arbitration Plaintiff moves for arbitration pursuant to 9 U.S.C. § 4 3 and Section 682.03(1) of the Florida Statutes....

...resolve a dispute is challenged”). This conclusion also is warranted under Florida law. 8 See Hospitality Ventures v. American Arbitration Ass’n, 755 So.2d 159, 160 (Fla. 4th DCA 2000) (noting that “[t]he only proper parties to a lawsuit under section 682.03 to determine the propriety of arbitration are the parties to the arbitration agreement, not the potential arbitrators....

...MedPartners’ Federal Action Against the Orthopedic Center Plaintiff also asks this Court to dismiss MedPartners’ federal suit against the Orthopedic Center because its claims for “fraud” and “breach of contract” are subject to arbitration under 9 U.S.C. § 3 and section 682.03(3) of the Florida Statutes....

...ld contravene most federal law on this issue — that Alabama courts allow injunctions against the AAA in situations such as the one presented here. . MedPartners disputes this authority by claiming that the Hospitality Ventures case applies only to section 682.03 of the Florida Statutes. However, this section is "similar to section 2 of the Uniform Arbitration Act,” see Fla.Stat.Ann. § 682.03 (comment), which in turn is patterned on the Federal Act....

...Sachs filed a complaint against the Florida Education Association (FEA), alleging breach of a 1977 contract. FEA answered the complaint and filed a counterclaim, which was submitted to arbitration, but after Sach's complaint was dismissed for failure to prosecute, FEA, relying on section 682.03(4), Florida Statutes (1991), [1] moved to stay the arbitration proceeding....

...The district court reversed, holding that the existence of a valid contract is an issue for the court to determine, whereas the issue of waiver is a question for arbitration. In seeking review, FEA relies upon the opinion in Calloway Homes, Inc. v. Smiley, *30 422 So.2d 49 (Fla. 4th DCA 1982), which interprets section 682.03(4) as requiring the trial court to determine whether a substantial issue has arisen as to the termination of a prior contractual provision for arbitration, and if such issue is found to exist, then to resolve it summarily. Calloway held that a trial court, pursuant to section 682.03(4), has a duty to resolve any substantial issues relative to whether there has been a termination of contractual provisions for arbitration, a resolution consistent with this Court's opinion in Klosters Rederi A/S v....

...we remand for proceedings consistent with this opinion. It is so ordered. OVERTON, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur. GRIMES, C.J., concurs with an opinion, in which OVERTON, J., concurs. GRIMES, Chief Justice, concurring. I cannot read section 682.03(4), Florida Statutes (1991), as authorizing the court to determine whether parties to an existing arbitration agreement have waived their right to arbitration by virtue of their subsequent conduct. Subsection (4) of section 682.03 as well as subsection (1) of the same statute each grant the court the authority to determine the issue of "the making of the agreement or provision." The statute says nothing about determining whether there has been a waiver of an existing arbitration agreement by subsequent conduct....

...4th DCA 1981) ( "Melamed I" ), remanded for further proceedings, 425 So.2d 127 (Fla. 4th DCA 1982) ( "Melamed II" ), to be controlling but for reasons stated herein we decline to grant the writ of certiorari. Melamed sets forth the procedure for applying Section 682.03(1), Florida Statutes (1981), to determine whether a controversy should be arbitrated or litigated....

...provides not only for arbitration between contracting parties where mutually agreed to as a part of their contractual obligations but likewise sets forth a comprehensive pattern of procedure for carrying out and enforcing such arbitration. See F.S., § 682.03 F.S.A....

...Third, we hold that where, as here, there appears to be a bona fide dispute as to which documents constitute the parties' contract, the trial court's jurisdiction may be invoked to settle this dispute before arbitration can proceed. This precise issue appears to be one of first impression, and our view requires elaboration. Section 682.03, Florida Statutes (1987), states that a court shall summarily hear and determine a substantial issue "raised as to the making of the agreement or provision." There is little doubt that if Bauer were challenging the existence of the arb...

...It claims that this motion should have been filed in the pending Dade County action. We disagree. Poole invoked the Hillsborough County Circuit Court's jurisdiction when it filed its action for declaratory relief. Although that action did not expressly describe itself as an application to stay arbitration pursuant to section 682.03(4), Florida Statutes (1997), it is clear that it constituted such an application....

...at 939, the court went further and said that although a party may not be entitled to a stay as a matter of law, the court may grant a discretionary stay of reasonable duration if appropriate. That same court held that the comparable Florida statute, Fla.Stat. § 682.03(3), requiring courts to stay a lawsuit that involves same issue as one sought to be arbitrated, does not require parties to be identical in both proceedings so long as the same issue is determinable....

...e 9.130(a)(3)(C)(iv). Jurisdiction to review the order is invoked by filing a notice of appeal "within 30 days of rendition of the order to be reviewed." Fla. R.App. P. 9.130(b). Florida law does not authorize multiple motions to compel arbitration. Section 682.03(1), Florida Statutes (2005), authorizes an "application to the court" to proceed with arbitration, not applications....

...denied, 717 So.2d 532 (Fla.1998) (citation omitted). Where there is a dispute between the parties to a contract concerning the propriety of arbitration, the proper remedy is for a party to apply to the court for an order compelling or staying arbitration pursuant to section 682.03, Florida Statutes (1999). The only proper parties to a lawsuit under section 682.03 to determine the propriety of arbitration are the parties to the arbitration agreement, not the potential arbitrators....

...The Florida Arbitration Code provides, in part, "Any action or proceeding involving an issue subject to arbitration under this law shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect thereto only." § 682.03(3), Fla....

...tain jurisdiction over this cause to enforce the rulings of the arbitration panel. [4] The Code itself contains a number of provisions designed to assure that claims will not be submitted to arbitration unless the parties have agreed to do so. See §§ 682.03; 682.13(1)(e), (3); 682.14(1)(b), Fla....

...Apparently because the general contractor did not neglect to or refuse to comply with the provision for arbitration, the subcontractor did not need to, and therefore did not, "make application to the court for an order directing the parties to proceed with arbitration" as permitted under section 682.03(1), Florida Statutes....

...h the subcontractor to arbitrate what is essentially the same claim. By filing action on the bond, the subcontractor neither waived its contractual right to arbitrate its controversy with the contractor, nor did it make any election of remedies. [2] Section 682.03(3), Florida Statutes, is inapplicable to this litigation for several reasons, including the fact that no order for arbitration or application for such order was made in this case, which is a clear condition precedent to the application of that statute....

...Instead of knowingly proceeding with an ex parte arbitration, it would have been appropriate for the Tarrs to file an application to compel arbitration with the court to resolve the dispute as to whether Chicago is obligated to submit to arbitration. See §§ 682.03, 682.17, Fla....

...Spinks, 574 So.2d 169 (Fla. 4th DCA 1990), rev. denied, 583 So.2d 1037 (Fla. 1991); Cooper, 266 So.2d at 183; see also 4 Fla.Jur.2d Arbitration and Award §§ 43-50 (1994). "The trial court's role when considering applications to compel arbitration under Section 682.03, Florida Statutes (1987), is limited to determining (1) whether a valid written agreement exists containing an arbitration clause, (2) whether an arbitrable issue exists, and (3) whether the right to arbitrate was waived." Piercy v....

the matter was determined in proceedings under § 682.03 and unless the party participated in the arbitration

(appellants) motion was made "pursuant to Florida Statute § 682.03(1), Florida case law, and applicable federal law

proceeding pending arbitration, pursuant to Section 682.03(3), Florida Statutes (1967). McCORD, ROBERT

the arbitration proceedings. See generally Section 682.03(4), Florida Statutes (1975). Further, under

the matter was determined in proceedings under § 682.03 and unless the party participated in the arbitration

considering applications to compel arbitration under Section 682.03, Florida Statutes (1987), is limited to determining

"counter-complaint" seeking to compel arbitration pursuant to section 682.03(1), Florida Statutes, and a provision in the

stayed when the order for arbitration is made. § 682.03(3) Fla. Stat. (1989). See also Ocala Breeders'

courts have repeatedly utilized Florida Statutes § 682.03 as a basis to compel appraisals.[4]See New Amsterdam

be reconsidered in light of this opinion and section 682.03(3), Florida Statutes (1991). ALTENBERND and

petition for certiorari review of that order. Section 682.03(3), Florida Statutes (1997), requires the court

and motion to stay proceedings. See § 682.03, Fla. Stat. (2010) (delineating “[proceedings

Sun City Diner and Sun City International. Section 682.03(3), Florida Statutes, requires that any proceeding

arbitrated should be stayed pending arbitration. § 682.03(3) Fla. Stat., F.S.A. The obtaining of an order

moved to compel it pursuant to Florida Statutes § 682.03 (1969), F.S.A. The order denying the "motion to

conduct an evidentiary hearing pursuant to section 682.03(1), Florida Statutes (2005), on plaintiff's

and Chapter 86, the Declaratory Judgment Act. Section 682.03(4), Florida Statutes, states the circumstances

matter, we turn to the Florida Arbitration Code. Section 682.03(3), Florida Statutes (1995), provides as follows:

determination, shall grant or deny the application. § 682.03(1), Fla. Stat. (2012) (emphasis added).4 We have

the party causing the arbitration to be had." Section 682.03(4), Florida Statutes (1981). Alternatively

section 4 of the Federal Arbitration Act is section 682.03(1), which reads: A party to an agreement or

accordance with the applicable arbitration clause. Section 682.03, Florida Statutes (2012), provides: (1)

arbitrate. We agree. The Florida Arbitration Code, section 682.03, Florida Statutes (1983), provides: ... If

appraisal/arbitration process. II. DISCUSSION Florida Statute 682.03(1) provides that: A party to an agreement

arbitration was waived.” Seifert, 750 So.2d at 636; § 682.03, Fla. Stat. (2012). Once those issues are determined

arbitration was being determined and handled. Section 682.03(3), Florida Statutes (1985) requires a court

entitlement of a party to seek arbitration. . See § 682.03, Fla. Stat. (2007).

request for an evidentiary hearing. We agree. Section 682.03(1), Florida Statutes (2007), provides as follows:

containing an arbitration agreement. We agree. Section 682.03 of the Florida Statutes governs proceedings

an expedited evidentiary hearing pursuant to section 682.03, Florida Statutes (2007). Subsection 682.03(1)

sought to be arbitrated have not been shown." § 682.03(5), Florida Statutes. The dispute in this case

a petition to stay arbitration pursuant to section 682.03(4), Florida Statutes. Appellee contends that

the lawsuit. The Florida Arbitration Code, section 682.03(1), Florida Statutes (1981), specifically provides:

Board to submit to arbitration pursuant to Section 682.03, Florida Statutes (1975). The Board filed a

unless the court orders otherwise. § 682.02(4). Section 682.03 addresses proceedings to compel and to stay

holding an evidentiary hearing, as required by section 682.03(1), Florida Statutes (2012). That section provides:

evidentiary hearing on its motion in accordance with section 682.03(1), Florida Statutes (2008). The circuit court

arguments, the first of which is that pursuant to section 682.03(1), Florida Statutes (1983), a court must grant

court should have followed the requirements of section 682.03(1), Florida Statutes, which provides: A party

relief when Avatar joined it to the arbitration: section 682.03(4), Florida Statutes, provides that a court

departure from the essential requirements of the law); § 682.03, Fla. Stat. (1991). Puglisi's argument that Modern

court stayed the cross-claims, pursuant to section 682.03, Florida Statutes (2013), and *22

attendant relief pursuant to Florida Statutes section 682.03. See Complaint at 10. Because the Court determines

considering applications to compel arbitration under section 682.03, Florida Statutes, is limited to determining

matter was determined in a proceeding under section 682.03, and unless the party participated in the arbitration

authorize multiple motions to compel arbitration. Section 682.03(1), Florida Statutes (2005), author-

the matter was determined in proceedings under § 682.03 and unless the party participated in the arbitration

determination, shall grant or deny the application. § 682.03(4), Fla. Stat. (2010). 1 Arbitration

arbitration and for permanent injunction, pursuant to section 682.03(4), Florida Statutes (1995). After a summary

... to arbitration. He filed an amended motion to compel arbitration, citing sections 682.02 and 682.03, Florida Statutes (2025), and Patterson v. Melman, 398 So. 3d 470 (Fla. 2d DCA 2024), arguing that the issue of mediation as a condition precedent is an issue for the arbitrator to decide, ...

Chamberlain, 372 So.2d 191 (Fla. 3d DCA 1979); § 682.03(1), Fla. Stat. (1983). Reversed and remanded.

dismissal of the complaint is not required. See § 682.03(1), (3), Fla. Stat. (2010); Rittman v. Allstate

... a waiver of the right to arbitration.” Id. While Metronet correctly points out that section 682.03(6), Florida Statutes, requires the trial court to stay “any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final ...

matter of said third-party claim pursuant to section 682.03, Florida Statutes (1981). In the event a proper

enforceable agreement to arbitrate.’”) (citing § 682.03(1)(b), Fla. Stat. (2014)).

upon a parties’ Motion to Compel pursuant to Section 682.03(1), Florida Statutes (1981). The contractual

n and to dismiss the complaint pursuant to section 682.03, Florida Statutes, asserting that there was

the appellee’s motion of summary judgment. See § 682.03(1), Fla. Stat. (1987); U.S. Fire Insurance at

invoked by Jursinski’s motion to compel under section 682.03, Florida Statutes (2014), the voluntary dismissal

involves a claim subject to the arbitration.” § 682.03(7), Fla. Stat. (2016). Dismissal, in other words

745 So.2d 1136, 1138 (Fla. 1st DCA 1999)). "Section 682.03(1), Florida Statutes [ (2008) ], furnishes

agreement or provision for arbitration); see section 682.03(4), Florida Statutes (1997)4 This, is the very

authorize multiple motions to compel arbitration. Section 682.03(1), Florida Statutes (2005), authorizes an

assignment. We discern no such intention in section 682.03(4) or any other provision of the Florida Arbitration

obligated to submit the matter to arbitration. § 682.03(1), Fla.Stat. (1987); Walter L. Keller & Assoc

with the trial court that it did not. Section 682.03(1) of the pre-2013 Florida Statutes provides:

motion to compel arbitration on the authority of section 682.03, Florida Statutes. Appellee asserted that the

attendant relief pursuant to Florida Statutes section 682.03. See Complaint at 10. Because the Court determines

Davidowitz, 312 U.S. 52, 67 (1941)). Section 682.03, Florida Statutes (2022), provides the state

without explanation, and this appeal follows. Section 682.03, Florida Statutes (2015), states that if one

subject to an agreement to arbitrate." Section 682.03(1)(b) sets forth the procedure the court must

Chapter 86, the Declaratory Judgment Act. Section 682.-03(4), Florida Statutes, states the circumstances

Mason, 677 So.2d 105, 107 (Fla. 4th DCA 1996); § 682.03(3) Fla. Stat. (1995). In all other respects, the

there is no enforceable agreement to arbitrate.” § 682.03(1)(b), Fla. Stat. (2022). In the instant

“Application and Motion for Stay Order under F.S. 682.03”. This petition contained a prayer for relief

have the right to move to compel arbitration. § 682.03, Fla. Stat. (2014). Deciding whether a dispute

PER CURIAM. AFFIRMED. See Section 682.03(1), Florida Statutes (1999)(If the court shall find that a

3d 422, 425 n.3 (Fla. 3d DCA 2017)). Section 682.03(1)(a), Florida Statutes, mandates that “[o]n

2 (emphasis added). In the motion, it cited section 682.03, Florida Statutes (2022), which directs a court

Industries, Inc. brought a motion pursuant to F.S. § 682.03, F.S.A., The Florida Arbitration Code, to compel

what more we can require of the trial court. Section 682.03(4), Florida Statutes (1987), specifically authorizes

shall grant or deny the application. Fla. Stat. § 682.03(4) (2009). The trial court conducted a hearing

involves a claim subject to the arbitration.” § 682.03(7), Fla. Stat. (emphasis added). See also Chemstar

508, 514 (Fla. 3d DCA 2015) (interpreting section 682.03(1)(b), Florida Statutes, to find that “an

this Action is brought pursuant to Florida Statute 682.03 (2018), the Motion to Dismiss on the

making of the arbitration agreement. See § 682.03(l)(b), Fla. Stat. (2010); Linden v. Auto

Senior Judge, concur. 1 . See § 682.03(7), Fla. Stat. (2016) ("If the court orders arbitration

holding an evidentiary hearing as required under section 682.03(1), Florida Statutes (2007), determined the

could prevail and the arbitration was unlawful. Section 682.03(4), Florida Statutes (1979), provides that

the matter was determined in proceedings under § 682.03 and unless the party participated in the arbitration

Insurance Co., 162 So.2d 690 (Fla. 3d DCA 1964) and § 682.03(4), Fla.Stat. (1975). But see Midwest Mutual Insurance

multiple motions to compel arbitration. Section 682.03(1), Florida Statutes (2005), 4 authorizes

Florida courts have repeatedly used Fla. Stat. § 682.03, governing arbitration, to compel appraisals,

Falowski, *822425 So.2d 129 (Fla. 4th DCA 1982); § 682.-03(1), Fla.Stat. (1983). I would reverse for an evidentiary

appellee pursuant to the terms of the policy. See § 682.03, Fla. Stat., F.S.A. The trial judge dismissed

, 750 So. 2d 633, 636 (Fla. 1999))); see also § 682.03(1), Fla. Stat. Here, Rutherford does not

1 In language similar to that used in the FAA, § 682.03(1) of the Florida Arbitration Code states: “If

summarily declare Jean assented to arbitration. See § 682.03(1)(b), Fla. Stat. However, here, in the absence

arbitration as to its counterclaim, citing section 682.03(4), Florida Statutes (1991).1 FEA alleged in

request an evidentiary hearing as provided in § 682.03(1) Fla.Stat. (1987). DENIED. WALDEN, GUNTHER and

we reverse the order requiring arbitration. Section 682.03(3), Florida Statutes (2003) provides that any

involves a claim subject to the arbitration.” § 682.03(7), Fla. Stat. (2023) (emphasis added). Nonetheless

appeal. We reject appellants’ argument that section 682.03(3), Florida Statutes (2006), mandates that

is governed by the Florida Arbitration Code, section 682.03(4), Florida Statutes (1991), which provides

of a person with appellant’s last name. Section 682.03, Florida Statutes (2022), governs proceedings

staying, her lawsuit. We agree. Pursuant to section 682.03 of the Florida Statutes, the imposition of