STATE OF FLORIDA, APPELLANT,

v.

HARRY G. METCALF, JAMES METCALF, GRADY AYCOCK AND BURRY STANFORD, APPELLEES

Citator

Cited By

• Insignia Homes, Inc. v. Hinden, 675 So. 2d 673 (Fla. 4th DCA 1996)
  …ation clause. However, we disagree as the record indicates that she waived the issue by admitting to execution of the contract in her pleadings and by entering into arbitration with the contractor on other issues. See generally Koch v. Waller & Co., 439 So. 2d 1041, 1043 (Fla. 4th DCA 1983). Finally, we do not address the issue of res judicata with respect to the trial court’s order denying the motion to dismiss the appellees’ counterclaim. An order denying a motion to dismiss is a nonappealable, nonfinal ord…
• Royal Atl. Health SPA, Inc. v. B.L.N., Inc., 677 So. 2d 1385 (Fla. 4th DCA 1996)
  …. 4th DCA 1996) (homeowner waived defense that she was not party to contract including arbitration clause by admitting to execution of contract in pleadings and by entering into arbitration with contractor on other issues). In Koch v. Waller & Co., 439 So. 2d 1041, 1043 (Fla. 4th DCA 1983), an arbitration proceeding was brought against the appellant, William Koch, individually and in his capacity as corporate representative. Koch participated throughout the arbitration proceedings and “never objected to, nor…
• The Haskell Co. v. Sherway Application Co., Inc., 477 So. 2d 1067 (Fla. 2d DCA 1985)
  …g fees in its counterclaim and by asserting that attorney’s fees must be determined in court, waived its right to contest in the circuit court Sherway’s entitlement to attorney’s fees as the prevailing party in arbitration. Cf. Koch v. Waller & Co., 439 So. 2d 1041 (Fla. 4th DCA 1983). Certainly, the question of whether the contract allowed an award of attorney’s fees to the prevailing party in arbitration should .have been raised at the arbitration level. This is a matter of contract construction and would ha…

Authorities Cited

• State v. Kaufman, 430 So. 2d 904 (Fla. 1983)