EVE ALCE, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• O'Keefe Architects, Inc. v. CED Constr. P'rs, Ltd., 944 So. 2d 181 (Fla. 2006)
  …bitrator. See Alderman v. City of Jacksonville, Fire and Rescue Div., 902 So. 2d 885, 887 (Fla. 1st DCA 2005) (“[Qjuestions of timeliness are to be decided by an arbitrator, not a trial court.”); Pembroke Indus. Park P’ship v. Jazayri Constr., Inc., 682 So. 2d 226, 227 (Fla. 3d DCA 1996) (“[TJhe issue of whether the demand for arbitration was timely is a question of fact for the arbitrator to decide, not the trial court.”). Stinson-Head is also consistent with recent United States Supreme Court decisions add…
• Thierry Albert Thenet v. Jenne, 968 So. 2d 46 (Fla. 4th DCA 2007)
  …t DCA 2005) (“[QJuestions of timeliness are to be decided by an arbitrator, not a trial court. This is true even if the time requirement for arbitration is labeled a con [*47] dition precedent”); Pembroke Indus. Park P’ship v. Jazayri Constr., Inc., 682 So. 2d 226, 227 (Fla. 3d DCA 1996) (“[T]he issue of whether the demand for arbitration was timely is a question of fact for the arbitrator to decide, not the trial court.”); CED Constr., Inc. v. Kaiser-Taulbee Assocs., 816 So. 2d 813 (Fla. 5th DCA 2002) (“The…
• CED Constr., Inc. v. Kaiser-Taulbee Assocs., Inc., 816 So. 2d 813 (Fla. 5th DCA 2002)
  …a final judgment enjoining the arbitration. We reverse. [*814] The issue of whether the demand for arbitration was timely is a question of fact to be decided by arbitration, not the trial court. Pembroke Indus. Park P’ship v. Jazayri Constr., Inc., 682 So. 2d 226, 227 (Fla. 3d DCA 1996); Victor v. Dean Witter Reynolds, Inc., 606 So. 2d 681, 683 (Fla. 5th DCA 1992). While conceding that to be the general rule, KTA argues that the final judgment should be affirmed because CED waived its right to compel arbitr…

Authorities Cited

• Elton E. Ensor v. State, 403 So. 2d 349 (Fla. 1981)
• Hydra Villas at Samari Lakes Condo. Ass'n, Inc. v. Hydra Villas AT Samari Lakes Co., Inc., 549 So. 2d 235 (Fla. 3d DCA 1989)
• State v. Strachan, 549 So. 2d 235 (Fla. 3d DCA 1989)