FLORIDA POWER & LIGHT COMPANY, A FLORIDA CORPORATION, APPELLANT,

v.

JOHN GARDNER, ROGER ADAMS, JAMES CARELOCK, FRED A. DEPRATTER, TINA W. DEPRATTER, HIS WIFE, RICK GIBBONS, WOODY HANKINS, TIM HOFFMAN, ARTHUR H. OFFINEER, DEBRA K. PATRICK, TONY WILLARD PEYTON, LEONITA E. PEYTON, HIS WIFE, JOEY RIVERS, M. RAY RIVERS, LLOYD ROWTON, BLUCHER H. SMITH, DEON SMITH, KEITH WAYNE STILLE, BOBBY SWEAT, DONALD L. WOODS, CYNTHIA A. STANTON, POWER PLANT MAINTENANCE COMPANY, INC., A NORTH CAROLINA CORPORATION, SAM DELOUCHE, AN INDIVIDUAL, AND JOHN ANDERSON, AN INDIVIDUAL, APPELLEES

Citator

Cited By

• KEL Homes, LLC v. Michael and Tonia Burris, 933 So. 2d 699 (Fla. 2d DCA 2006)
  …arbitration clause, the issue of the validity of the arbitration clause must be determined by the trial court before any referral to arbitration is proper. Buckeye Check Cashing, Inc., 126 S.Ct. at 1208; Alphagraphics Franchising, Inc. v. Stebbins, 617 So. 2d 463, 464 (Fla. 4th DCA 1993). In this case, in response to Kel Homes’ motion to dismiss, the Burrises argued that the arbitration provision itself was invalid. They contended that the arbitration provision did not conform to the requirements of the Flo…
• Riverwalk Apts., L.P. v. RTM Gen. Contractors, Inc., 779 So. 2d 537 (Fla. 2d DCA 2000)
  …compelled to arbitrate the threshold issue of the existence of the agreement to arbitrate; only a court can make that determination. See Party Yards, Inc. v. Templeton, 751 So. 2d 121 (Fla. 5th DCA 2000); Alphagraphics Franchising, Inc. v. Stebbins, 617 So. 2d 463 (Fla. 4th DCA 1993). The issue before us is whether the actions taken by RTM necessarily resolved River-walk’s challenge to the enforceability of the contracts. [*539] As it did in the circuit court, RTM argues that section 489.128 and our decision…
• Great W. Fin. Sec. Corp. v. Zachariah Grandison and Olivia Grandison, 701 So. 2d 1202 (Fla. 5th DCA 1997)
  …g or invalidating a contract as to the entire agreement rather than as to the arbitration clause contained within the agreement. Medident Construction, Inc. v. Chappell, 632 So. 2d 194 (Fla. 3d DCA 1994); Alphagraphics Franchising, Inc. v. Stebbins, 617 So. 2d 463 (Fla. 4th DCA 1993); Ronbeck Construction Co., Inc. v. Savanna Club Corp., 592 So. 2d 344 (Fla. 4th DCA 1992); Manning v. Interfuture Trading, Inc., 578 So. 2d 842 (Fla. 4th DCA 1991); Beaver Coaches, Inc. v. Revels Nationwide R.V. Sales, Inc., 543…

Authorities Cited

• Folk v. Rite AID OF Fla., Inc., 611 So. 2d 35 (Fla. 4th DCA 1992)
• Zippo v. State, 611 So. 2d 35 (Fla. 4th DCA 1992)