COMCAST SPOTLIGHT, INC., APPELLANT,
v.
EVENTYS MARKETING AND PRODUCTS, INC., APPELLEE

Fla. 3d DCA | 2008-06-18
No. 3D07-2722
Before GERSTEN, C.J., and RAMIREZ, J., and SCHWARTZ, Senior Judge.
984 So. 2d 631 Florida District Court of Appeal, Third District (2008) Positive Treatment
Cited by 2 cases
Topics
Arbitration Clause Enforceability Course Of Conduct Breach Of Contract

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Opinion of the Court
SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

Because the parties’ mutual course of conduct pursuant to an agreement which contained an arbitration clause clearly evinced their assent to the entire agreement, it does not matter, contrary to the holding below, that the appellee, which was suing for its breach, did not formally execute it. See BDO Seidman, LLP v. Bee, 970 So. 2d 869 (Fla. 4th DCA 2007); Consol. Res. Healthcare Fund I, Ltd. v. Fenelus, 853 So. 2d 500 (Fla. 4th DCA 2003); Integrated Health Servs. of Green Briar, Inc. v. Lopez-Silvero, 827 So. 2d 338 (Fla. 3d DCA 2002); Sosa v. Shearfomm Mfg., 784 So. 2d 609 (Fla. 5th DCA 2001). Since this principle validates that portion of the agreement which provides for arbitration, see United Healthcare of Fla., Inc. v. Brown, 984 So. 2d 583 (Fla. 4th DCA 2008); BDO Seidman, 970 So. 2d at 869; Consol. Res. Healthcare Fund I, Ltd., 853 So. 2d at 500; Integrated Health Servs. of Green Briar, Inc., 827 So. 2d at 339, the order under review denying it is reversed with directions to submit the matter to arbitration.

Reversed and remanded.

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Cited By

  • Eventys Mktg. & Prods., Inc. v. Comcast Spotlight, Inc., 28 So. 3d 959 (Fla. 3d DCA 2010)
    …allenge the arbitration provisions in the “terms and conditions” themselves. Affirmed in part, reversed in part, and remanded for further proceedings as set forth in this opinion. . In Comcast Spotlight, Inc. v. Eventys Marketing & Products, Inc., 984 So. 2d 631 (Fla. 3d DCA 2008) ("Comcast I ”), we held that Even-tys’s breach of contract claim against Com-cast was subject to an arbitration provision. We reversed a circuit court order to the contrary. . In an all-caps "LIMITATION OF LIABILITY” provision, C…

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