MARTIN AND MARILYN HYMOWITZ, APPELLANTS,
v.
DELCREST BUILDING CORPORATION, A FLORIDA CORPORATION, APPELLEE
POLEN, Judge.
We reverse an order granting appellee’s motion to compel arbitration. The. trial court granted the motion to compel based on the parties’ agreement for sale which referenced a third party warranty insurance agreement obtained by the builder. While that insurance agreement contained an arbitration provision, the purchase agreement did not specifically incorporate that provision. As such, there was no legal basis upon which the trial court could have ordered arbitration. See Regency Island Dunes, Inc. v. Foley and Assocs. Constr. Co., 697 So. 2d 217 (Fla. 4th DCA 1997)(holding that a party who has not expressly or implicitly agreed to be bound by an arbitration agreement cannot be compelled to arbitrate).
REVERSED and REMANDED.
WARNER, C.J, and KLEIN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Oakmont Custom Homes, LLC v. Billings (Fla. 4th DCA 2021)
Authorities Cited
- Warner v. Warner, 697 So. 2d 217 (Fla. 1st DCA 1997)
- Regency Island Dunes, Inc. v. Foley & Assocs. Constr. Co., Inc., 697 So. 2d 217 (Fla. 4th DCA 1997)