NORA SILVA, APPELLANT,

v.

JOSEPH KALBAC, M.D., APPELLEE

Citator

Cited By (13 total)

• Serafin Garcia Armas and Representaciones Dole v. Prudential Sec., Inc., 842 So. 2d 210 (Fla. 3d DCA 2003)
  …ion agreements. One exception provides that arbitration provisions containing the language, “arising out of or related to,” in certain instances can be construed to include non-signatories. See Cuningham Hamilton Quiter, P.A. v. B.L. of Miami, Inc., 776 So. 2d 940 (Fla. 3d DCA 2000); Vic Potamkin Chevrolet, Inc. v. Bloom, 386 So. 2d 286 (Fla. 3d DCA 1980). The arbitration clause in the present case provides in pertinent part: [*212] Unless enforceable under applicable law, any controversy arising out of or r…
• Rolls-Royce PLC v. Royal Caribbean Cruises Ltd., 960 So. 2d 768 (Fla. 3d DCA 2007)
  …ase. We disagree. The first exception asserted by appellee requires that the claim “arise out of or relate to” the agreement containing the arbitration provision. E.g., Seifert, 750 So. 2d 633; Cuningham Hamilton Quiter, P.A. v. B.L. of Miami, Inc., 776 So. 2d 940 (Fla. 3d DCA 2000). As recognized in Seifert, for the “claim to be considered ‘arising out of or relating to’ an agreement, it must, at a minimum, raise some issue the resolution of which requires reference to or construction of some portion of the…
• Ira D. Giller v. Cafeteria OF S. Beach Ltd., LLP, 967 So. 2d 240 (Fla. 3d DCA 2007)
  …ermining whether tort claims are subject to an arbitration provision is the relationship between the claims asserted and the underlying contractual obligations”)(internal citations omitted). See also Cuningham Hamilton Quiter, P.A. v. B.L. of Miami, 776 So. 2d 940 (Fla. 3d DCA 2000)(professional malpractice claim subject to arbitration where the claim arises out of or relates to the contract for services and is encompassed within the terms of the arbitration clause, even though there is no signed contract dir…