TRAVELERS INSURANCE COMPANY A/S/O SPIEGEL MEATS, INC., AND SPIEGEL MEATS, INC., APPELLANTS,
v.
IRBY CONSTRUCTION CO., INC., A FOREIGN CORPORATION, DOING BUSINESS IN FLORIDA, AND FLORIDA POWER AND LIGHT COMPANY, A FLORIDA CORPORATION DOING BUSINESS IN FLORIDA, APPELLEES
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The court held that the trial court's sua sponte order abating the action pending arbitration was inadequate because it failed to conduct an evidentiary hearing on the existence of an arbitration agreement.
Travelers sued Irby for negligence. Irby filed a motion to dismiss for improper venue, which the court converted sua sponte into a motion to abate pen…
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NESBITT, Senior Judge.
Travelers Insurance Company as subro-gee of Spiegel Meats, Inc., and Spiegel Meats, Inc., filed a complaint for negligence against Irby Construction Company and Florida Power & Light Company. In response to the complaint, Irby served a “Motion to Dismiss for Improper Venue.” At a hearing on that motion, the lower court denied the motion, but sua sponte, converted the motion into a Motion to Abate the Action Pending Arbitration. The court then entered an order granting that motion, which Travelers here appeals. We have jurisdiction. Fla. R.App. P. 9.130(a)(3)(C)(v).
In ruling on a motion to compel arbitration, a court must consider:(l) whether the parties have entered into a valid arbitration agreement, (2) whether an arbitrable issue exists, and (3) whether the right to arbitration has been waived. See Seifert v. U.S. Home Corp., 750 So. 2d 633, 636 (Fla.1999). A court must summarily hear and determine disputed issues regarding arbitration in an expedited evidentiary hearing. See Jalis Constr., Inc. v. Mintz, 724 So. 2d 1254 (Fla. 4th DCA 1999).
Here, the parties clearly disagree as to the existence and applicability of any agreement to arbitrate. Irby concedes that it did not present the trial court with the written agreement supporting its position.1 Under the facts at hand, we agree with Travelers that the trial court’s sua sponte actions and were inadequate to determine the contested point. Accordingly, the order under review is reversed and the matter remanded for an expedited evidentiary hearing to make a determination as to the nature and extent of the right to compel arbitration, after consideration of those elements outlined in Seifert.
. Despite this court’s effort to substantiate the lower court's ruling by requesting supporting documentation, the parties' submissions only confirm the need for an evidentiary hearing.
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Tandem Health Care OF ST. Petersburg, Inc. v. Whitney, 897 So. 2d 531 (Fla. 2d DCA 2005)…Blanchard v. Cent. Park Lodges (Tarpon Springs), Inc., 805 So. 2d 6, 9 (Fla. 2d DCA 2001); Acumen Constr., Inc., 616 So. 2d at 99; Epstein v. Precision Response Corp., 883 So. 2d 377, 379 (Fla. 4th DCA 2004); Travelers Ins. Co. v. Irby Constr. Co., 816 So. 2d 829, 830 (Fla. 3d DCA 2002); Hill v. Ray Carter Auto Sales, Inc., 745 So. 2d 1136, 1138 (Fla. 1st DCA 1999). Under the circumstances of this case, the determination of whether a valid agreement to arbitrate was in existence turned on the resolution of…
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Metropcs Commc'ns, Inc. v. Porter, 114 So. 3d 348 (Fla. 3d DCA 2013)…der review denying arbitration is reversed for a determination after an evidentiary hearing of the threshold issue of whether the arbitration clause was contained in a binding agreement between the parties. See Travelers Ins. Co. v. Irby Constr. Co. 816 So. 2d 829, 830 (Fla. 3d DCA 2002); Merrill Lynch Pierce Fenner & Smith, Inc. v. Melamed, 425 So. 2d 127, 129 (Fla. 4th DCA 1982); Krutchik v. Chase Bank USA N.A., 531 F. Supp. 2d 1359, 1365 (S.D.Fla.2008). We express no view as to the result of any other issu…
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Drew Rosenhaus v. Star Sports, Inc., 929 So. 2d 40 (Fla. 3d DCA 2006)…ing on a motion to compel arbitration: (1) whether the parties have entered into a valid arbitration agreement; (2) whether an arbitrable issue exists; and (3) whether the right to arbitration has been waived. Travelers Ins. Co. v. Irby Constr. Co., 816 So. 2d 829 (Fla. 3d DCA 2002). Two of the three elements are not presented on appeal. The issue of whether the parties entered into a valid arbitration agreement is not in dispute. All parties are members of the NFLPA and are “Contract Advisors,” as defined by…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Seifert v. U.S. Home Corp., 750 So. 2d 633 (Fla. 1999)
- Jalis Constr., Inc. v. Mintz, 724 So. 2d 1254 (Fla. 4th DCA 1999)