MICHAEL J. WEBER, APPELLANT,
v.
SALVADOR BONILLA-MATHE, APPELLEE

Fla. 3d DCA | 2002-02-13
No. 3D01-2722
Before SCHWARTZ, C.J., and JORGENSON and RAMIREZ, JJ.
807 So. 2d 170 Florida District Court of Appeal, Third District (2002) Negative Treatment
Cited by 8 cases
Topics
Arbitration Clause

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Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

The defendant in an action for breach of a real estate buy and sell agreement which contained an arbitration clause, appeals from an order denying his motion to dismiss the complaint outright on the ground that the plaintiff had not invoked the arbitration clause. Quite apart from the fact that no authority is or could be cited to support the alarming proposition that a party’s failure to invoke arbitration deprives her of the right even to maintain a common law action, the order is not one which determines the entitlement to arbitration under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv).

Southeastern Title Ins. Co. v. Curtis, 156 So. 2d 855 (Fla. 3d DCA 1963).

Since this is the only provision which even arguably could support appellate review of the non-final order below, see Thomas v. Silvers, 701 So. 2d 389 (Fla. 3d DCA 1997), affirmed, 748 So. 2d 263 (Fla.1999); Martin Electronics, Inc. v. Glombowski, 705 So. 2d 26 (Fla. 1st DCA 1997), the appeal is dismissed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Federico Gomez v. S & I Props., LLC, 220 So. 3d 539 (Fla. 3d DCA 2017)
    …estate contracts, Gomez argues, the trial court necessarily determined that he was not entitled to arbitrate the fraud claim. Three times, in Southeastern Title and Insurance Co. v. Curtis, 155 So. 2d 855 (Fla. 3d DCA 1963), Weber v. Bonilla-Mathe, 807 So. 2d 170 (Fla. 3d DCA 2002), and Hopewell, LLC v. Alarion Bank, 84 So. 3d 1073 (Fla. 1st DCA 2012), this court and another district court have addressed this argument (an order denying a motion to dismiss based on an arbitration clause is the same for appell…
  • Hopewell, LLC v. Alarion Bank, 84 So. 3d 1073 (Fla. 1st DCA 2012)
    …., S.D.S. Autos, Inc. v. Chrzanowski, 976 So. 2d 600, 602 (Fla. 1st DCA 2007). Alternatively, a trial court may decide a motion to dismiss that asserts an entitlement to arbitration without reaching the arbitration issue. See Weber v. Bonilla-Mathe, 807 So. 2d 170 (Fla. 3d DCA 2002) (dismissing appeal from order denying motion to dismiss wherein defendant sought dismissal because plaintiff had not invoked arbitration clause); Southeastern Title and Ins. Co. v. Curtis, 155 So. 2d 855 (Fla. 3d DCA 1963) (dismis…
  • Federated Nat'l Ins. Co. v. Mariano Palenzuela, 11 So. 3d 969 (Fla. 3d DCA 2009)
    …application of Rule 9.130(a)(3)(C)(iv), in either its pre-amendment or post-amendment form, is unavailing to Federated in this case because it is clear the order over which review is sought did not determine entitlement. Cf. Weber v. Bonilla-Mathe, 807 So. 2d 170, 170 (Fla. 3d DCA 2002) (holding order denying motion to dismiss based on plaintiffs failure to invoke contractual arbitration clause “[was] not one which determine[d] the entitlement to arbitration under Florida Rule of Appellate Procedure 9.130(a)…

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