PBCBA BAR BULLETINS PBCBA Bulletin - January 2020 - Page 5
Arbitration Case Law Update
DONNA GREENSPAN SOLOMON
AP Atlantic, Inc. v. Silver Creek St.
Augustine, LLP , 266 So. 3d 865 (Fla. 5th DCA
Mar. 15, 2019). Non-signatory may enforce
arbitration provision when signatory
makes claim against non-signatory that
arises out of the contract.
Wilson v. AmeriLife of E. Pasco, LLC , 270
So. 3d 542 (Fla. 2d DCA 2019). A party may
waive its right to arbitration by filing a
lawsuit without first seeking arbitration.
Krol v. FCA US, LLC , 273 So. 3d 198 (Fla. 5th
DCA 2019). Magnuson-Moss Warranty Act
permits pre-dispute binding arbitration of
written warranty claim
Krol v. FCA US, LLC , 273 So. 3d 198 (Fla. 5th
DCA 2019). Arbitration agreement was not
unenforceable for being placed in separate
retail purchase order, rather than in single
document along with other warranty terms;
conflict certified with Larrain v. Bengal
Motor Co. Ltd. , 976 So. 2d 12 (Fla. 3d DCA
Royal Palms Senior Apartments Ltd. P'ship
v. Constr. Enterprises, Inc. of Tennessee ,
275 So. 3d 1257 (Fla. 5th DCA 2019). While
ambiguities regarding the scope of an
arbitration clause should be resolved in
favor of arbitration, the existence of an
enforceable arbitration clause should not.
Greene v. Johnson , 276 So. 3d 527 (Fla. 3d
DCA 2019). Non-signatories to a contract
containing an arbitration provision may
compel arbitration of claims brought by a
signatory based on the doctrine of equitable
estoppel if the signatory raises allegations
of concerted misconduct by both the non-
signatory and one or more of the signatories
to the contract.
Ross Dress for Less, Inc. v. Higgins , 276 So.
3d 19 (Fla. 4th DCA 2019). A valid written
agreement to arbitrate existed between
employees and employer where employees
electronically agreed to a Dispute Resolution
Agreement which provided that any
dispute arising out of employment would
be resolved by mediation or arbitration.
Odum v. LP Graceville, LLC , 277 So. 3d 194
(Fla. 1st DCA 2019). Owners, operators,
managers, and licensees of nursing home
patient were entitled to compel arbitration
to determine enforceability of arbitration
agreement where agreement explicitly
stated that it applied to affiliates of nursing
home, and executor of patient’s estate never
argued in trial court that owners, operators,
managers, and licensees were not affiliates.
Hayslip v. U.S. Home Corp., 276 So. 3d 109
(Fla. 2d DCA 2019). Arbitration provision in
original special warranty deed, mandating
mediation and/or arbitration, was a
covenant running with the land, and thus, it
was binding upon subsequent purchasers.
SHP IV Harbour Island, LLC v. Boylan , 273
So. 3d 249 (Fla. 5th DCA 2019). Assisted
living facility waived right to arbitration
in resident's suit alleging negligence and
breach of duty where defendants' counsel
asked numerous questions at deposition
of resident's daughter and attorney-in-fact
that went to the merits of the underlying
cases, covering matters extrinsic to the
limited scope permitted by the court and
consequently inconsistent with the right to
Sea Vault Partners, LLC v. Bermello, Ajamil
& Partners, Inc , 274 So. 3d 473 (Fla. 3d
DCA 2019). Statutes governing provisional
remedies and petitions for judicial relief
regarding arbitration did not grant trial
court the authority to sanction developer
that allegedly did not pay deposit for
arbitrator's compensation for arbitration
regarding breach of contract dispute
between architectural company and
Guan v. Ellingsworth Residential Cmty.
Ass'n, Inc. , 278 So. 3d 840 (Fla. 5th DCA 2019).
Homeowners' association waived any
claims arising out of landscaping dispute
with homeowner by failing to comply with
alternative dispute resolution provision in
declaration of covenants, conditions, and
Hedden v. Z Oldco, LLC , 2D18-4584, 2019
WL 5582049 (Fla. 2d DCA Oct. 30, 2019).
Employer’s declaratory judgment action
based on violation of non-compete
agreement was subject to arbitration under
compensation agreement, even though
non-compete agreement did not have
PBCBA BAR BULLETIN
arbitration provision, where arbitration
provision of compensation agreement
covered any dispute, controversy or claim
arising out of or relating to the agreement.
Fraternal Order of Police Lodge #20 v. City
of Miami , 276 So. 3d 881 (Fla. 3d DCA 2019).
Police officer was subject to reinstatement
and recertification requirements following
a two-year absence from the force, even
though an arbitration order provided that
police officer was to be reinstated with no
loss of service credit for the purposes of
determination of benefits to which he was
entitled, where the arbitration order was
silent as to the effect of two-year absence
for other purposes.
Donna Greenspan Solomon is one of the
few attorneys certified by The Florida Bar
as both Business Litigator and Appellate
Specialist. Donna is a Member of the AAA’s
Roster of Arbitrators (Commercial Panel).
She is a FINRA Chair-Approved and Florida
Supreme Court Qualified Arbitrator. She
is also a Certified Circuit, Appellate, and
Family Mediator. Donna is a Member of
the Florida Supreme Court Committee
on Standard Jury Instructions—Contract
and Business Cases, and a past Chair
of the Business Litigation Certification
Committee. Donna can be reached at (561)
762-9932 or Donna@SolomonAppeals.com
or by visiting www.solomonappeals.com.
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