JESSICA B. JAMES, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Baker v. Econ. Research Servs., Inc., 242 So. 3d 450 (Fla. 1st DCA 2018)
  …ain, LLC v. Bradley Lomas Electrolok, Ltd. , 612 Fed.Appx. 671, 672-73 (4th Cir. 2015). This court has held that an arbitration provision does not require any type of "savings clause" to survive termination of the contract. Auchter Co. v. Zagloul , 949 So. 2d 1189, 1194 (Fla. 1st DCA 2007). The Auchter holding is applicable to forum-selection clauses as well.2 If the parties wanted the forum-selection clauses to apply only during the life of the contracts, they could have explicitly stated so. See id. ("Becau…
• The Shakespeare Found., Inc. v. Jackson, 61 So. 3d 1194 (Fla. 1st DCA 2011)
  …of the litigation, and the contract mandated arbitration. ANALYSIS Arbitration Not Compelled, By The Contract Because the trial court’s dismissal is based upon the court’s construction of a contract, review is de novo. See Auchter Co. v. Zagloid, 949 So. 2d 1189, 1191 (Fla. 1st DCA 2007). When ruling on a motion to dismiss, the trial court may look no further than the four corners of the complaint, and all allegations in the complaint must be accepted as true.” Nevitt v. Bonomo, 53 So. 3d 1078, 1081 (Fla. 1…
• Perdido KEY Island Resort Dev., L.L.P. v. Regions Bank, 102 So. 3d 1 (Fla. 1st DCA 2012)
  …this preference, we have previously applied the rule of maximum breadth so that arbitration clauses are given the “broadest possible interpretation in order to accomplish the purpose of resolving controversies out of court.” Auchter Co. v. Zagloul, 949 So. 2d 1189, 1195 (Fla. 1st DCA 2007). Although arbitration is favored, as the Florida Supreme Court explained in Seifert v. U.S. Home Corp., 750 So. 2d 633, 636 (Fla.1999), “no party may be forced to submit a dispute to arbitration that the party did not inte…

Authorities Cited

• Gonzalez v. State, 948 So. 2d 892 (Fla. 5th DCA 2007)