PAUL TARTELL AND JODI TARTELL, APPELLANTS,
v.
CLAUDIA CHERA, MICHAEL CHERA, STEVEN CHERA, VICTOR CHERA, AND CHARLES CHERA, AS THE GENERAL PARTNERS OF CHERA REALTY & DEVELOPMENT CO. OF BROOKLYN, A NEW YORK GENERAL PARTNERSHIP, THE KEYES COMPANY, A FLORIDA CORPORATION, SHEILA AMSTER, JAMES L. DENTICO AND TRULY NOLEN EXTERMINATING, INC., A FLORIDA CORPORATION, APPELLEES
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PER CURIAM.
We reverse. The trial court erred in compelling arbitration of the appellants’ claim against appellee, Truly Nolen, based on a contract between Truly Nolen and appel-lees, the Cheras, as appellants were not parties to the contract containing the arbitration clause. See Sun City Diner of Boca Raton, Inc. v. Century Fin. Advisors, Inc., 662 So. 2d 967 (Fla. 4th DCA 1995); Barnett Sec., Inc. v. Faerber, 648 So. 2d 265 (Fla. 2nd DCA 1995); Karlen v. Gulf & Western Indus., Inc., 336 So. 2d 461 (Fla. 3d DCA 1976).
While appellees contend that the appellants seek to be third party beneficiaries under the contract and are therefore subject to its arbitration clause, see Zac Smith & Co. v. Moonspinner Condominium Ass’n, 472 So. 2d 1324 (Fla. 1st DCA 1985), the appellants’ complaint does not claim rights under the contract. At most, the appellants are incidental beneficiaries of the contract, not third party beneficiaries which would require that the parties to the contract intended to primarily and directly benefit the appellants. See generally Aetna Casualty & Sur. Co. v. Jelac Corp., 505 So. 2d 37 (Fla. 4th DCA 1987).
Reversed and remanded.
WARNER, KLEIN and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Hirshenson v. Spaccio, 800 So. 2d 670 (Fla. 5th DCA 2001)…nd are binding on third party beneficiaries. Martha A. Gottfried, Inc. v. Paulette Koch Real Estate, Inc., 778 So. 2d 1089 (Fla. 4th DCA 2001); Nestler Poletto Realty, Inc. v. Kassin, 730 So. 2d 324, 326 (Fla. 4th DCA 1999) (citing Tartell v. Chera, 668 So. 2d 1105 (Fla. 4th DCA 1996)); see also Orion Ins. Co. v. Magnetic Imaging Sys. I, 696 So. 2d 475, 478 (Fla. 3d DCA 1997). The right of an intended, third party beneficiary to sue under a contract is recognized only if the parties clearly express, or the con…
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Morgan Stanley DW Inc. v. Halliday, 873 So. 2d 400 (Fla. 4th DCA 2004)…laintiff is an incidental beneficiary of the agreement, not a third party beneficiary which would require that the parties to the agreement (Morgan Stanley and the trustees) intended to primarily and directly benefit the plaintiff. Tartell v. Chera, 668 So. 2d 1105 (Fla. 4th DCA 1996). Also See Aetna Cas. & Sur. Co. v. Jelac Corp. 505 So. 2d 37 (Fla. 4th DCA 1987). A party is an intended beneficiary only if the parties to the contract clearly express, or the contract itself expresses, an intent to primarily an…
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Lion Gables Realty Ltd. v. Randall Mech., Inc., 65 So. 3d 1098 (Fla. 5th DCA 2011)…t itself expresses, an intent to primarily and directly benefit the third party.” Technical Aid Corp. v. Tomaso, 814 So. 2d 1259, 1261 (Fla. 5th DCA 2002) (citing Hirshenson v. Spaccio, 800 So. 2d 670 (Fla. 5th DCA 2001)); see also Tartell v. Chera, 668 So. 2d 1105, 1106 (Fla. 4th DCA 1996) (holding that appellants could not be compelled to arbitrate because they were neither parties to the contract containing the arbitration clause nor third-party beneficiaries). In ruling on a motion to compel arbitration, t…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- ZAC Smith & Co., Inc. v. Moonspinner Condo. Ass'n, Inc., 472 So. 2d 1324 (Fla. 1st DCA 1985)
- The AETNA Cas. & Sur. Co. v. Jelac Corp., 505 So. 2d 37 (Fla. 4th DCA 1987)
- Karlen v. Gulf & W. Indus., Inc., 336 So. 2d 461 (Fla. 3d DCA 1976)
- SUN City Diner OF Boca Raton, Inc. v. Century Fin. Advisors, Inc., 662 So. 2d 967 (Fla. 4th DCA 1995)
- Barnett Sec., Inc. v. Faerber, 648 So. 2d 265 (Fla. 2d DCA 1995)