LOUIS NOVA, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Nova v. State, 439 So. 2d 255 (Fla. 3d DCA 1983)
  …ds for relief. [*260] Nova appealed the denial of his 1981 motion, and this court, per curiam, affirmed, merely citing to Knight v. State, 394 So. 2d 997, 1001 (Fla.1981), and Roth v. State, 385 So. 2d 114, 115 (Fla. 3d DCA 1980). See Nova v. State, 414 So. 2d 629 (Fla. 3d DCA 1982). The trial court, presented with the motion which is the subject of this appeal, read our decision on Nova’s 1981 motion to mean that we had already ruled on Nova’s present claim. But the most that can be said of our decision in…

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• U.S. Fire Ins. Co. v. Franko, 443 So. 2d 170 (Fla. 1st DCA 1983)
  …t to arbitration. Therefore, the motion to dismiss is, in substance, a motion to compel arbitration and a demand for arbitration. See also Butcher & Singer, Inc. v. Frisch, 433 So. 2d 1360 (Fla. 4th DCA 1983); Rinker Portland Cement Corp. v. Seidel, 414 So. 2d 629 (Fla. 3d DCA 1982). Respondents’ contentions that the dispute is not over the amount of loss and that a nonarbitrable claim asserted subsequent to the order sub judice should preclude arbitration are without merit. Permitting parties to litigate a…
• Graham Contracting, Inc. v. Flagler Cnty., 444 So. 2d 971 (Fla. 5th DCA 1983)
  …is timely according to the meaning of the contract is a question to be decided in arbitration. See Federated Department Stores, Inc. v. Pavarini Construction Company, Inc., 425 So. 2d 1212 (Fla. 4th DCA 1983); Rinker Portland Cement Corp. v. Seidel, 414 So. 2d 629 (Fla. 3d DCA 1982). We believe that a waiver of the right to arbitrate should not be implied from mere inaction unless the delay has given the party seeking arbitration an undue advantage or has resulted in prejudice to another. See Carcich v. Reden…

Authorities Cited

• Knight v. State, 394 So. 2d 997 (Fla. 1981)
• Roth v. State, 385 So. 2d 114 (Fla. 3d DCA 1980)