CONCRETE DESIGN STRUCTURES, INC., A FLORIDA CORPORATION, AND ROBERT L. LAPP, APPELLANTS,
v.
P.L. DODGE FOUNDATION, INC., A FLORIDA CORPORATION, AND NEW DODGE MANAGEMENT CORPORATION, A DELAWARE CORPORATION, INDIVIDUALLY AND AS ASSIGNEE OF THE RIGHTS OF P.L. DODGE FOUNDATION, INC. APPELLEES
Explore caselaw by topic → Browse Waiver Of Arbitration cases and more on FLexlaw
PER CURIAM.
The single issue presented for review is whether filing a counterclaim and motion to dismiss the complaint at the same time a motion to compel arbitration is filed, without more, waives the contractual right to arbitrate. We hold that it does not. See Wieneke v. Raymond, James & Assocs., 495 So. 2d 869 (Fla. 2d DCA 1986); Ziegler v. Knuck, 419 So. 2d 818 (Fla. 3d DCA 1982); and Genstar S. Dev. Corp. v. Troup Bros., 396 So. 2d 211 (Fla. 3d DCA 1981). Coral 97 Assocs., Ltd. v. Chino Elec., Inc., 501 So. 2d 69 (Fla. 3d DCA 1987), the case relied on by the appellees, is distinguishable. In Coral 97 it was the act of implementing discovery, following the simultaneous filings of the counterclaim and motions to arbitrate and dismiss, that was held inconsistent with and thus a waiver of the arbitration right. Id. at 70-71.
Reversed and remanded with instructions to order arbitration.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Avid Eng'g, Inc. v. Orlando Marketplace Ltd., 809 So. 2d 1 (Fla. 5th DCA 2001)…. Chino Elec., Inc., 501 So. 2d 69, 70 (Fla. 3d DCA 1987). However, Orlando Marketplace incorrectly asserts that the mere filing of a counterclaim is sufficient to trigger a waiver. In Concrete Design Structures, Inc. v. P.L. Dodge Foundation, Inc., 532 So. 2d 1334 (Fla. 3d DCA 1988), the district court held that filing a counterclaim and motion to dismiss the complaint at the same time a motion to compel arbitration is filed, without more, does not waive right to arbitration. They also distinguished the Coral…
-
Waterhouse Constr. Grp., Inc. v. 5891 SW 64TH St., LLC., 949 So. 2d 1095 (Fla. 3d DCA 2007)…46 So. 2d 1112 (Fla. 3d DCA 2006) (citing Lapidus, 394 So. 2d at 1103 (finding that the defendant waived his right to arbitration by filing a motion for summary judgment)). However, in Concrete Design Structures, Inc. v. P.L. Dodge Foundation, Inc., 532 So. 2d 1334, 1334-35 (Fla. 3d DCA 1988), this court held that filing a counterclaim and motion to dismiss simultaneously with a motion to compel arbitration, without more, does not waive the contractual right to arbitrate. Cf. Coral 97 Assocs., Ltd. v. Chino El…
-
Price v. FAX Recovery Sys., Inc., 49 So. 3d 835 (Fla. 4th DCA 2010)…ia of waiver such as participating in discovery, a finding of waiver is not proper. See Waterhouse Constr. Grp., Inc. v. 5891 SW 64th St., LLC, 949 So. 2d 1095, 1100-01 (Fla. 3d DCA 2007); Concrete Design Structures, Inc. v. P.L. Dodge Found., Inc., 532 So. 2d 1334, 1334-35 (Fla. 3d DCA 1988). Price twice asserted his arbitration right before filing his answer and counterclaim. The first time he did so was in his motion to dismiss. After that motion was denied, Price then filed his motion to compel arbi [*838…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Coral 97 Assocs., Ltd. v. Chino Elec., Inc., 501 So. 2d 69 (Fla. 3d DCA 1987)
- Branch v. State, 495 So. 2d 869 (Fla. 2d DCA 1986)
- Ziegler v. The Honorable Francis X. Knuck, 419 So. 2d 818 (Fla. 3d DCA 1982)
- McGRATH v. State, 396 So. 2d 211 (Fla. 3d DCA 1981)
- Genstar S. Dev. Corp. v. Troup Bros., Inc., 396 So. 2d 211 (Fla. 3d DCA 1981)