LEONEL BAYAS, PETITIONER,

v.

SOUTH FLORIDA PLASTERING OF DADE COUNTY AND ARIES INSURANCE COMPANY, RESPONDENTS

Citator

Cited By

• Fla. Dep't of Env't Prot. v. Contractpoint Fla. Parks, LLC, 986 So. 2d 1260 (Fla. 2008)
  …claim that section 337.19, requiring that suit be brought on a contract within 820 days, was a "limited sovereign immunity statute” because Pan-Am held sovereign immunity is waived for express contracts); White Constr. Co. v. State Dep’t of Transp., 860 So. 2d 1064, 1067 (Fla. 1st DCA 2003) (same). . An example of the Legislature’s clearly expressed intention to override a prior judicial construction is seen in section 810.015, Florida Statutes (2004), in which the Legislature expressly stated: (1) The Legis…
• Green Tree Servicing, LLC v. McLEOD, 15 So. 3d 682 (Fla. 2d DCA 2009)
  …opposing parties had no right to arbitration and threatening to file a lawsuit to enjoin an arbitration proceeding were sufficient to support a finding that a party had waived its right to arbitration); White Constr. Co. v. State, Dep’t of Transp., 860 So. 2d 1064, 1067-68 (Fla. 1st DCA 2003) (holding that a party had waived its right to arbitration by failing to submit the dispute to arbitration within the contractual time limit for requesting arbitration). It follows that the first reason offered by the Mer…
• Alderman v. City of Jacksonville, 902 So. 2d 885 (Fla. 1st DCA 2005)
  …e right to arbitrate by failing to timely request arbitration; the trial court reasoned that a timely request was a condition prec [*887] edent to arbitration and that it was “bound by the holding of White Construction Co., Inc. v. State of Florida, 860 So. 2d 1064 (Fla. 1st DCA 2003).” The trial court erred because it combined timeliness and waiver. Mere delay creating untimeliness is distinct from the active participation that creates waiver. Pub. Health Trust of Dade County v. M.R. Harrison Constr. Corp.,…