ROBERT M. BRAKE, APPELLANT,

v.

EILEEN M. BRAKE, ET AL., APPELLEES

Citator

Cited By

• Monsour v. Bruce Balk, A.I.A., P.A., 705 So. 2d 968 (Fla. 2d DCA 1998)
  …ly, we note that Dr. Monsour correctly argues that when a contract requires arbitration of all claims between the parties, this provision is not waived by the filing of a motion to set aside a judgment or a motion to dismiss. See Duckworth v. Plant, 697 So. 2d 1257 (Fla. 5th DCA 1997). As stated in Oakdale Park Ltd. v. Byrd, 346 So. 2d 648, 649 (Fla. 1st DCA 1977), a party to a contract may not “flagrantly disregard” the arbitration provision and file suit. Accordingly, Dr. Monsour did not waive this provision…
• Truly Nolen OF Am., Inc. v. King Cole Condo. Ass'n, Inc., 143 So. 3d 1015 (Fla. 3d DCA 2014)
  …inguished R.W. Roberts on facts similar to the facts in the instant case by finding that the simultaneous filing of a motion to dismiss with a motion to compel arbitration is not inconsistent with the right to compel arbitration. Duckworth v. Plant, 697 So. 2d 1257, 1259 (Fla. 5th DCA 1997). Truly Nolen has not taken a position inconsistent with its right to compel arbitration at any point in the underlying litigation, and therefore, the trial court erred by finding that it had waived that right. We express n…
• CED Constr., Inc. v. Kaiser-Taulbee Assocs., Inc., 816 So. 2d 813 (Fla. 5th DCA 2002)
  …was the filing of a motion to dismiss. This motion was CED’s first opportunity to raise the issue of mandatory arbitration. That CED simultaneously raised other grounds is of no consequence, and does not constitute a waiver. See Duckworth v. Plant, 697 So. 2d 1257 (Fla. 5th DCA 1997). In summary, the trial court erred in allowing KTA to proceed in circuit court in violation of the mandatory arbitration provision set forth in the parties’ contract. Accordingly, we reverse and remand for further proceedings co…