OSCAR DENNIS HERNANDEZ, JR., APPELLANT,

v.

REBECCA CRIGLER, APPELLEE

Citator

Cited By (11 total)

• Waterhouse Constr. Grp., Inc. v. 5891 SW 64TH St., LLC., 949 So. 2d 1095 (Fla. 3d DCA 2007)
  …taneously filing counterclaims and motions to stay litigation and compel arbitration. A party may waive its contractual right to arbitrate by actively participating in a lawsuit or taking action inconsistent with that right. Carnival Corp. v. Booth, 946 So. 2d 1112 (Fla. 3d DCA 2006) (citing Lapidus, 394 So. 2d at 1103 (finding that the defendant waived his right to arbitration by filing a motion for summary judgment)). However, in Concrete Design Structures, Inc. v. P.L. Dodge Foundation, Inc., 532 So. 2d 133…
• Baker v. Econ. Research Servs., Inc., 242 So. 3d 450 (Fla. 1st DCA 2018)
  …her side has raised ERS's nonsignatory status as an issue, and we will not address it. "Courts have often compared forum selection clauses to arbitration clauses and have applied a similar enforceability analysis to both." Carnival Corp. v. Booth , 946 So. 2d 1112, 1115 (Fla. 3d DCA 2006) (quoting Thunder Marine, Inc. v. Brunswick Corp. , No. 8:06-CV-384-T17 EAJ, 2006 WL 1877093, at *8 (M.D.Fla. July 6, 2006) ); accord Scherk v. Alberto-Culver Co. , 417 U.S. 506, 519, 94 S.Ct. 2449, 41 L.Ed.2d 270 (1974) (not…
• Leslie v. Carnival Corp., 22 So. 3d 567 (Fla. 3d DCA 2009)
  …e right to a jury trial, which is implicated in our particular Forum Clause, the selected forum would be upheld and enforced as it has been in our prior decisions where the right to a jury trial was not raised on appeal. See Carnival Corp. v. Booth, 946 So. 2d 1112, 1116 (Fla. 3d DCA 2006). Of course, under Shute, the Forum Clause would have been enforceable to the extent that it operated as a territorial forum selection clause requiring a plaintiff to bring his or her law [*580] suit in Miami-Dade County, Flo…

Authorities Cited

• In re Amendments to Uniform Guidelines for Taxation of Costs, 915 So. 2d 612 (Fla. 2005)