THIERRY ALBERT THENET, APPELLANT,
v.
KEN JENNE, SHERIFF OF BROWARD COUNTY, AND BROWARD SHERIFF'S OFFICE, APPELLEES
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The court reversed the circuit court's dismissal of an arbitration demand on timeliness grounds, holding that questions of timeliness in arbitration are for the arbitrator to decide, not the trial court.
Questions of timeliness regarding an arbitration demand are to be decided by an arbitrator, not a trial court, even when timeliness is labeled a condition precedent.
[1] Questions of timeliness regarding a demand for arbitration are to be decided by an arbitrator, not a trial court, even when the time requirement for arbitration is labele…
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Join FLexlaw to unlock all legal intelligence“Questions of timeliness are to be decided by an arbitrator, not a trial court. This is true even if the time requirement for arbitration is labeled a condition precedent.”
Citation to Alderman v. City of Jacksonville, Fire & Rescue Div., establishing the rule that arbitrators, not courts, decide timeliness questions.
Thierry Thenet, a career deputy with the Broward Sheriff's Office, was terminated and subsequently filed a request for an arbitration panel under the …
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PER CURIAM.
After the sheriff terminated Thierry Thenet, a career deputy with the Broward Sheriffs Office, Thenet filed a request for an arbitration panel under the applicable collective bargaining agreement. Later, Thenet filed suit in the circuit court to compel arbitration. The circuit court granted the sheriffs motion to dismiss, holding that Thenet’s request was untimely-
We reverse because the issue of timeliness was a question for an arbitrator. See Alderman v. City of Jacksonville, Fire & Rescue Div., 902 So. 2d 885, 887 (Fla. 1st DCA 2005) (“[QJuestions of timeliness are to be decided by an arbitrator, not a trial court. This is true even if the time requirement for arbitration is labeled a con dition precedent”); Pembroke Indus. Park P’ship v. Jazayri Constr., Inc., 682 So. 2d 226, 227 (Fla. 3d DCA 1996) (“[T]he issue of whether the demand for arbitration was timely is a question of fact for the arbitrator to decide, not the trial court.”); CED Constr., Inc. v. Kaiser-Taulbee Assocs., 816 So. 2d 813 (Fla. 5th DCA 2002) (“The issue of whether the demand for arbitration was timely is a question of fact to be decided by arbitration, not the trial court.”); see also O’Keefe Architects, Inc. v. CED Constr. Partners, Ltd., 944 So. 2d 181, 188 (Fla.2006) (holding that a statute of limitations defense was to be decided by the arbitrator).
STONE, POLEN and GROSS, JJ., concur.
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Premier Real Est. Holdings, LLC v. Park I. Butch, 24 So. 3d 708 (Fla. 4th DCA 2009)…bitration provision is neutral and fair to both parties. Finally, Seller’s statute of limitations argument is premature and should not be decided by this court, as the issue of timeliness is a question for an arbitrator. See, e.g., Thenet v. Jenne, 968 So. 2d 46, 46-47 (Fla. 4th DCA 2007). Reversed and remanded. MAY and GERBER, JJ., concur. . Seller concedes that the only issue in dispute is whether the clause is a valid agreement to arbitrate.…
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Gren v. Gren, 133 So. 3d 1066 (Fla. 4th DCA 2014)…r, 616 So. 2d 177, 178 (Fla. 5th DCA 1993) (citing Vic Potamkin Chevrolet, Inc. v. Bloom, 386 So. 2d 286 (Fla. 3d DCA 1980)). Timeliness of a demand for arbitration is a fact question reserved for an arbitrator, not the trial judge. Thenet v. Jenne, 968 So. 2d 46, 46 (Fla. 4th DCA 2007). Delay does not waive arbitration. Alderman v. City of Jacksonville, Fire & Rescue Div., 902 So. 2d 885, 887 (Fla. 1st DCA 2005). Here, the parties did not dispute the validity of the trust or the existence of an arbitrable…
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COX v. Vill. OF Tequesta, 185 So. 3d 601 (Fla. 4th DCA 2016)…cur where a party to an agreement does not invoke parts of that agreement in a timely fashion. Under the law of this court, it is clear that an arbitrator decides whether a party has timely invoked the key parts of an agreement. In Thenet v. Jenne, 968 So. 2d 46 (Fla. 4th DCA 2007), a terminated deputy sheriff filed a request for arbitration under a collective bargaining agreement. The deputy then filed a suit to compel arbitration. The trial court determined that the deputy’s request was untimely, and as a…
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
- O'Keefe Architects, Inc. v. CED Constr. P'rs, Ltd., 944 So. 2d 181 (Fla. 2006)
- Alderman v. City of Jacksonville, 902 So. 2d 885 (Fla. 1st DCA 2005)
- Eve Alce v. State, 682 So. 2d 226 (Fla. 3d DCA 1996)
- CED Constr., Inc. v. Kaiser-Taulbee Assocs., Inc., 816 So. 2d 813 (Fla. 5th DCA 2002)