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Arbitration Case Law Update
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Moskovits v. L. P. Evans Motors WPB, Inc., 429 So. 3d 591( Fla. 3d DCA 2026). Where claimant failed to initiate arbitration after almost five years, Court remanded with instructions allowing trial court to dismiss the case if buyer did not initiate arbitration within ten days.
Tang v. Citizens Prop. Ins. Corp., 51 Fla. L. Weekly D729( Fla. 3d DCA Apr. 8, 2026). Statute providing that insurer may adopt policy forms providing for resolution of disputes before Division of Administrative Hearings supersedes statute providing that property insurance policy may not require that policyholder participate in mandatory binding arbitration unless certain conditions apply.
Wyrick v. Millennial Capital Co., LLC, 51 Fla. L. Weekly D517( Fla. 6th DCA Mar. 20, 2026). Question of whether owner and manager could enforce underlying arbitration agreements as non-signatories was for arbitrator.
Dolphin Pointe Health Care, LLC v.
Moravia, No. 5D2024-1771, 2026 WL 1283563( Fla. 5th DCA May 11, 2026). Resident, due to his dementia diagnosis, lacked the mental capacity to sign the nursing home admission documents that included an arbitration agreement, such that resident was not bound by the agreement.
City of Miramar v. Florida State Lodge Fraternal Order of Police, Inc., No. 4D2025- 1311, 2026 WL 1579506( Fla. 4th DCA June 3, 2026). Section 286.011( 1), regarding public meeting and records, does not require all arbitrations to be open to the public.
Metronet Techs., LLC v. United Fiber Works, LLC, 51 Fla. L. Weekly D759( Fla. 5th DCA Apr. 10, 2026). Party waived its right to arbitration by participating in merits based discovery.
Sanchez v. People ' s Tr. Ins. Co., No. 3D25- 0336, 2026 WL 1319054( Fla. 3d DCA May 13, 2026). Florida Rule of Civil Procedure 1.820( h) requires, without exception, that a notice of rejection of a non-binding arbitration decision and a motion for trial de novo must be filed in the same document within 20 days of service of the arbitrator ' s decision.
Material Handling Sys., Inc. v. United Granite Penna, LLC, No. 4D2025-1187, 2026 WL 1408316( Fla. 4th DCA May 20, 2026). Where arbitrator denied claim for fees despite statutory and contractual authority to award fees, claimant could not seek same in trial court.
Nichols v. French, No. 2D2024-2883, 2026 WL 1408281( Fla. 2d DCA May 20, 2026). Trial court erred in denying timely motion for trial de novo.
Lam v. Modern Tampa Bay Homes, Inc., 51 Fla. L. Weekly D727( Fla. 2d DCA Apr. 8, 2026). Where breach of contract was the only issue decided in arbitration, the trial court abused its discretion by failing to award attorneys’ fees and costs to prevailing parties.
Port Manatee Condo. Ass ' n, Inc. v. Bessette, 429 So. 3d 543( Fla. 4th DCA 2026). Arbitration decision is final unless party formally files a complaint for a trial within 30 days.
Ransom v. Vystar Credit Union, No. 25- 10487, 2026 WL 672368( 11th Cir. Mar. 10, 2026). The district court, applying Florida state law contract formation principles, properly concluded that no arbitration agreement existed because proponent did not show that silence and inaction amounted to acceptance of the offer to arbitrate disputes and waive class remedies.
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