PAINEWEBBER, INC., APPELLANT,
v.
HERBERT HESS, APPELLEE

Fla. 3d DCA | 1986-11-25
No. 86-1519
Before SCHWARTZ, C.J., and HENDRY and DANIEL S. PEARSON, JJ.
497 So. 2d 1323 Florida District Court of Appeal, Third District (1986) Positive Treatment
Cited by 7 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Having carefully considered the record prepared by the parties and the briefs and arguments on appeal, we conclude that the appellant has failed to demonstrate reversible error in the trial court’s entry of the non-final order under review denying the appellant’s motion to compel arbitration since substantial competent evidence in the record supports the trial court’s finding that there was “no agreement to arbitrate disputes relating to the promissory note.” See G & N Construction Co. v. Kirpatovsky, 181 So. 2d 664, 667 (Fla. 3d DCA 1966) (contracts providing for arbitration will be carefully construed so as not to force a party to submit to arbitration a question he did not intend to be so submitted).

Accordingly, the order under review is affirmed and the cause is remanded for further proceedings.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Arnold I. Miller, D.O. v. Michael S. Roberts, M.D., 682 So. 2d 691 (Fla. 5th DCA 1996)
    …on agreement exists between the parties, arbitration is required only of those controversies or disputes which the parties have agreed to submit to arbitration. Pacemaker Corp. v. Euster, 357 So. 2d 208 (Fla. 3d DCA 1978); Painewebber, Inc. v. Hess, 497 So. 2d 1323 (Fla. 3d DCA 1986) (upheld previous ruling that contracts providing for arbitration will be carefully construed so as not to force a party to submit to arbitration a question he did not intend to be so submitted); All American Semiconductor, Inc. v.…
  • Ocala Breeders' Sales Co. v. Brunetti, 567 So. 2d 490 (Fla. 3d DCA 1990)
    …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(l)(e), (3); 682.14(l)(b), Fla.Stat. (1989); see also Painewebber, Inc. v. Hess, 497 So. 2d 1323 (Fla. 3d DCA 1986). . The trial court entered two orders retaining jurisdiction for specified purposes in connection with the arbitration, see supra note 3, which it interpreted as not encompassing a reservation of jurisdiction over the Brunetti cl…
  • Mid-America Apt. Cmtys., Inc. v. Gonzalez, 406 So. 3d 362 (Fla. 2d DCA 2025)

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