MICHAEL ADAM DUNN AND KATHIE LYNETTE DUNN, INDIVIDUALLY AND AS CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF MICHAEL DYLAN DUNN, DECEASED, APPELLANTS,
v.
SHANDS TEACHING HOSPITAL AND CLINICS, INC., APPELLEE
MICHAEL ADAM DUNN AND KATHIE LYNETTE DUNN, INDIVIDUALLY AND AS CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF MICHAEL DYLAN DUNN, DECEASED, APPELLANTS,
SHANDS TEACHING HOSPITAL AND CLINICS, INC., APPELLEE
979 So. 2d 957
Florida District Court of Appeal, First District (2007)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
DISMISSED as moot. See Shands Teaching Hospital & Clinics, Inc. v. Dunn, 977 So. 2d 594 (Fla. 1st DCA 2007).
KAHN, WEBSTER, and ROBERTS, JJ., concur.
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Kolsky v. Jackson Square, LLC, 28 So. 3d 965 (Fla. 3d DCA 2010)…to arbitrate exists; (2) whether an arbitrable issue exists; and (3) whether the right to arbitration was waived.” Seifert v. U.S. Home Corp., 750 So. 2d 633, 636 (Fla.1999) (citation omitted). See also Xerox Corp. v. Smartech Document Mgmt., Inc., 979 So. 2d 957 (Fla. 3d DCA 2007); Roth, 941 So. 2d at 499. As we explained in Roth, “not every dispute that arises between contracting parties will be subject to arbitration, nor is the mere fact that a dispute would not have arisen but for the contract sufficien…
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Countyline Auto Ctr., Inc. v. Kulinsky, 257 So. 3d 1086 (Fla. 4th DCA 2018)…arbitrated because the lease’s arbitration clause expressly covered “negligence” claims “arising out of or related to this Agreement, the Establishment or the services/care provided to the Resident”); Xerox Corp. v. Smartech Document Mgmt. Inc., 979 So. 2d 957, 959–60 (Fla. 3d DCA 2007) (noting that multiple claims, including defamation, were covered by an arbitration clause that encompassed “any and all claims . . . arising out of or in any way relat[ed] to th[e] agreement . . . between the parties, r…
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Malek v. Malek (Fla. 3d DCA 2022)…lements are necessary to compel arbitration: (1) whether a valid written agreement to arbitrate exists, (2) whether an arbitrable issue exists, and (3) whether the right to arbitration was waived. See Xerox Corp. v. Smartech Document Mgmt., Inc., 979 So. 2d 957, 959 (Fla. 3d DCA 2007). When those elements are met, arbitration must be compelled. See Comvest IMC Holdings, LLC v. IMC Grp., LLC, 276 So. 3d 874, 877 (Fla. 3d DCA 2019) (citing CT Miami, 201 So. 3d at 90) (holding arbitration provisions in co…
Authorities Cited
- Shands Teaching Hosp. & Clinics, Inc. v. Dunn, 977 So. 2d 594 (Fla. 1st DCA 2007)