MARGUERITE STEUER, ETC., PETITIONER,
v.
JAYLENE INC., ET AL., RESPONDENTS
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The Florida Supreme Court quashed the Second District's decision and remanded for reconsideration in light of its prior rulings that the trial court, not the arbitrator, must initially determine if an arbitration agreement's limitation on statutory remedies renders it unenforceable on public policy grounds.
The Florida Supreme Court accepted jurisdiction, quashed the Second District's decision, and remanded for reconsideration based on its prior holdings that the trial court, not the arbitrator, must initially determine if an arbitration agreement's limitation on statutory remedies renders it unenforceable on public policy grounds.
[1] The trial court, not the arbitrator, must initially determine whether an arbitration agreement's limitation on statutory remedies renders the agreement unenforceable on p…
[2] A court's prior decisions on the same legal issue control the disposition of subsequent cases.
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Join FLexlaw to unlock all legal intelligenceThe Second District Court of Appeal held that the arbitrator, not the trial court, must initially determine if an arbitration agreement's limitation o…
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We have for review Jaylene, Inc. v. Steuer ex rel. Paradise, 22 So.3d 711, 713 (Fla. 2d DCA 2009), in which the Second District Court of Appeal held that the arbitrator (as opposed to the trial court) initially must determine whether an arbitration agreement’s limitation on statutory remedies renders the agreement unenforceable on public policy grounds. In so holding, the Second District noted that it was in conflict with other district court opinions holding the opposite. Id. (citing Alterra Healthcare Corp. v. Estate of Linton ex rel. Graham, 953 So.2d 574 (Fla. 1st DCA 2007); Alterra Healthcare Corp. v. Bryant, 937 So.2d 263 (Fla. 4th DCA 2006); and SA-PG-Ocala, LLC v. Stokes, 935 So.2d 1242 (Fla. 5th DCA 2006)). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.
We stayed proceedings in this case pending our dispositions of Shotts v. OP Winter Haven, Inc., 86 So.3d 456 (Fla. 2011), and Gessa v. Manor Care of Florida, Inc., 86 So.3d 484 (Fla.2011), in which we held that the trial court (as opposed to the arbitrator) initially must make the subject determination. We accordingly issued an order directing respondents in the present case to show cause why we should not accept jurisdiction, summarily quash the Second District’s underlying Jaylene decision, and remand for reconsideration in light of our decisions in Shotts and Gessa. Respondents in turn filed a response con*1279ceding that Shotts and Gessa control the disposition of this case.
We accordingly accept jurisdiction and grant the petition for review in the present case. The decision under review is quashed and this matter is remanded to the Second District for reconsideration upon application of this Court’s decisions in Shotts and Gessa.
It is so ordered.
PARIENTE, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur.
POLSTON, C.J. and LEWIS, J., concur in result only.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Shotts v. OP Winter Haven, Inc., 86 So. 3d 456 (Fla. 2011)
- Alterra Healthcare Corp. (as to Alterra Sterling House of Vero Beach & Clare Bridge Cottage of Vero Beach) v. Bryant, 937 So. 2d 263 (Fla. 4th DCA 2006)
- Gessa v. Manor Care OF Fla., Inc., 86 So. 3d 484 (Fla. 2011)
- Alterra Healthcare Corp. & Deanne M. Smith as to Alterra Sterling House of Tallahassee v. The Est. OF Jeanette Kelley Linton, 953 So. 2d 574 (Fla. 1st DCA 2007)
- Sa-Pg-Ocala, LLC v. Stokes, 935 So. 2d 1242 (Fla. 5th DCA 2006)
- Jaylene, Inc. v. Steuer, 22 So. 3d 711 (Fla. 2d DCA 2009)