PREFERRED MUTUAL INSURANCE COMPANY, A NEW YORK CORP., A/S/O ARTHUR AND ANNA GOLDSTEIN HEBREW ACADEMY OF SOUTH DADE, A PRIVATE SCHOOL CORP., D/B/A GOLDSTEIN HEBREW ACADEMY, AND ARTHUR AND ANNA GOLDSTEIN HEBREW ACADEMY OF SOUTH DADE, A PRIVATE SCHOOL CORPORATION D/B/A GOLDSTEIN HEBREW ACADEMY, INDIVIDUALLY, APPELLANTS,

v.

MATRIX CONSTRUCTION CORP., A FLORIDA CORPORATION, WOLFBERG/ALVAREZ AND ASSOCIATES, INC., A FLORIDA CORPORATION F/K/A WOLFBERG, ALVAREZ, TERRACIDO AND ASSOCS., ROCKY AND ANGIE ENTERPRISES, INC., A FLORIDA CORPORATION F/K/A STANLEY ROOFING CO., INC., AND AMERICAN TESTING AND ENGINEERING CORP., AN INDIANA CORP. D/B/A ATEC ASSOCIATES, INC., JOINTLY AND SEVERALLY, APPELLEES

Citator

Cited By

• Green Tree Servicing, LLC v. McLEOD, 15 So. 3d 682 (Fla. 2d DCA 2009)
  …s of cases decided before the Merrill Lynch opinion issued, the Third District had held that a party’s participation in discovery was sufficient to operate as a waiver of the right to arbitration. See Preferred Mut. Ins. Co. v. Matrix Constr. Corp., 662 So. 2d 432, 432 (Fla. 3d DCA 1995); Coral 97 Assocs., Ltd. v. Chino Elec., Inc., 501 So. 2d 69, 70-71 (Fla. 3d DCA 1987); Rolls v. Bliss & Nyitray, Inc., 408 So. 2d 229, 237-38 (Fla. 3d DCA 1981), disapproval on other grounds recognized by La Pesca Grande Char…
• The Est. OF Ida Orlanis v. Oakwood Terrace Skilled Nursing & Rehab. Ctr., 971 So. 2d 811 (Fla. 3d DCA 2007)
  …l clear in this district that we apply the broad rule that any defendant who “seek[s] the benefits of the discovery rules prior to filing [his] motion to arbitrate,” forfeits his right to arbitration. Preferred Mut. Ins. Co. v. Matrix Constr. Corp., 662 So. 2d 432, 432 (Fla. 3d DCA 1995)(“We reverse a trial court’s order referring a matter to arbitration, finding that the appellees waived the right to arbitrate by seeking the benefits of discovery rules prior to filing their motion to arbitrate.”). See also W…
• Gray Mart, Inc. v. Fireman's Fund Ins. Co., 703 So. 2d 1170 (Fla. 3d DCA 1997)
  …condominium association by filing answer, affirmative defenses, and counterclaim and by actively participating in litigation in circuit court for over two years before raising issue of arbitration); Preferred Mutual Ins. Co. v. Matrix Constr. Corp., 662 So. 2d 432, 432 (Fla. 3d DCA 1995) (appellees waived right to arbitrate by seeking benefits of discovery rules prior to filing motion to arbitrate). Indeed, the parties aggressively litigated this cause in the judicial forum below to the point where Gray Mart’…

Authorities Cited

• Rolls v. Bliss & Nyitray, Inc., 408 So. 2d 229 (Fla. 3d DCA 1981)
• Winter v. Arvida Corp., 404 So. 2d 829 (Fla. 3d DCA 1981)
• Hardin Int'l, Inc. v. Firepak, Inc., 567 So. 2d 1019 (Fla. 3d DCA 1990)