FREDRICK HOLLIMON, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (18 total)

• Taylor Woodrow Homes Fla., Inc. v. 4/46-A Corp., 850 So. 2d 536 (Fla. 5th DCA 2003)
  …citations omitted). A third party may sue under a contract as an intended third party beneficiary only if the parties express, or the contract clearly expresses, the intention to primarily and directly benefit the third party. Hirshenson v. Spaccio, 800 So. 2d 670, 673 (Fla. 5th DCA 2001) (“The right of an intended, third party beneficiary to sue under a contract is recognized only if the parties clearly express, or the contract itself expresses, an intent to primarily and directly benefit the third party.”)…
• O'Keefe Architects, Inc. v. CED Constr. P'rs, Ltd., 944 So. 2d 181 (Fla. 2006)
  …at 636. Thus, whether O’Keefe’s statute of limitations defense is subject to arbitration is a matter of contract interpretation that is reviewed de novo. See Engle Homes, Inc. v. Jones, 870 So. 2d 908, 910 (Fla. 4th DCA 2004); Hirshenson v. Spaccio, 800 So. 2d 670, 674 (Fla. 5th DCA 2001). In Stinson-Head, Inc. v. City of Sanibel, 661 So. 2d 119 (Fla. 2d DCA 1995), the Second District Court of Appeal held that under the FAC, an arbitration clause almost identical to the clause in O’Keefe’s contracts required…
• Stacy David, Inc. v. Consuegra, 845 So. 2d 303 (Fla. 2d DCA 2003)
  …unts on the ground that the tort claims were not sub [*306] ject to arbitration. Brandon Mitsubishi filed this appeal from the nonfinal order. An order denying a motion to compel arbitration is generally reviewed de novo. See Hirshenson v. Spaccio, 800 So. 2d 670 (Fla. 5th DCA 2001). In determining whether a dispute is subject to arbitration, courts consider at least three issues: (1) whether a valid written agreement to arbitrate exists; (2) whether an arbitrable issue exists; and (3) whether the right to a…