MT. HAWLEY INSURANCE COMPANY, APPELLANT,

v.

BRICKELL TOWN HOUSE ASSOCIATION, INC., ET AL., APPELLEES

Citator

Cited By

• O'Keefe Architects, Inc. v. CED Constr. P'rs, Ltd., 944 So. 2d 181 (Fla. 2006)
  …tion is a matter of contract interpretation that is reviewed de novo. See Engle Homes, Inc. v. Jones, 870 So. 2d 908, 910 (Fla. 4th DCA 2004); Hirshenson v. Spaccio, 800 So. 2d 670, 674 (Fla. 5th DCA 2001). In Stinson-Head, Inc. v. City of Sanibel, 661 So. 2d 119 (Fla. 2d DCA 1995), the Second District Court of Appeal held that under the FAC, an arbitration clause almost identical to the clause in O’Keefe’s contracts required the parties to arbitrate a statute of limitations defense. Id. at 121.5 In reaching…
• Royal Caribbean Cruises, Ltd. v. Universal Emp. Agency, 664 So. 2d 1107 (Fla. 3d DCA 1995)
  …angyong Corp., 708 F. 2d 1458, 1463 (9th Cir.1983) (construing clauses requiring arbitration of disputes “arising under the Agreement”); In re Kinoshita & Co., 287 F. 2d 951 (2d Cir.1961) (same). See generally Stinsonr-Head, Inc. v. City of Sanibel, 661 So. 2d 119 (Fla. 2d DCA 1995). Accordingly the order below is reversed and the cause remanded to stay the proceedings below pending arbitration of the issues raised by the appellee’s complaint. Reversed and remanded with directions.…
• Fla. Select Ins. Co. v. Keelean, 727 So. 2d 1131 (Fla. 2d DCA 1999)
  …under section 682.03, a trial court is limited to considering whether (1) the agreement contains a valid arbitration clause, (2) an arbitrable issue exists, and (3) the right to arbitration has been waived. See Stinson-Head, Inc. v. City of Sanibel, 661 So. 2d 119, 120 (Fla. 2d DCA 1995). No one disputes that the insurance policy contained a valid arbitration clause, thus, prong one has been met. We will first address the dispute over prong three. Keelean contends that Florida Select has waived its right und…

Authorities Cited

• Am. Reliance Ins. Co. v. The Vill. Homes AT Country Walk, 632 So. 2d 106 (Fla. 3d DCA 1994)