HARTZELLA VENTURES LIMITED
v.
EMMANUIL GRINSHPUN
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Arbitration provisions from one contract cannot be extended to a separate contract between the same parties unless the parties expressly agree to do so.
[1] Arbitration provisions from one contract cannot be extended to a separate contract between the same parties unless the parties expressly agree to do so.
[2] The filing of a motion to dismiss directed at technical deficiencies in a complaint does not constitute 'active participation' amounting to a waiver of arbitration rights…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceHartzella Ventures Limited appealed a non-final order from the Circuit Court for Miami-Dade County involving a dispute with Emmanuil Grinshpun concern…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Arbitration Provision cases and more on FLexlaw
Opinion filed March 26, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-2035 Lower Tribunal No. 23-17597-CA-01
________________
Hartzella Ventures Limited,
Appellant,
vs.
Emmanuil Grinshpun,
Appellee.
An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Thomas J. Rebull, Judge. Assouline & Berlowe, P.A., and Eric N. Assouline and Greg M. Popowitz; Benaur Law LLC, and George Benaur (New York, NY), for appellant. Nelson Mullins, and George G. Mahfood and Kimberly J. Freedman and Daniela Ferro, for appellee. Before EMAS, GORDO and BOKOR, JJ. PER CURIAM. Affirmed. See Eugene W. Kelsey & Son, Inc. v. Architectural Openings, Inc., 484 So. 2d 610, 611 (Fla. 5th DCA 1986) (“Arbitration provisions from one contract cannot be extended to a separate contract between the same parties unless the parties expressly agree to do so.”); see also Hirschfeld v. Crescent Heights, X, Inc., 707 So. 2d 955, 956 (Fla. 3d DCA 1998) (“The filing of a motion to dismiss directed at technical deficiencies in the complaint . . . is not ‘active participation’ amounting to a waiver.”); Arrasola v. MGP Motor Holdings, LLC, 172 So. 3d 508, 514 (Fla. 3d DCA 2015) (interpreting section 682.03(1)(b), Florida Statutes, to find that “an evidentiary hearing is unnecessary if the court has concluded that there is an agreement to arbitrate”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Eugene W. Kelsey & SON, Inc. v. Architectural Openings, Inc., 484 So. 2d 610 (Fla. 5th DCA 1986)
- Hirschfeld v. Crescent Heights, 707 So. 2d 955 (Fla. 3d DCA 1998)
- Jose and Vanessa Arrasola v. MGP Motor Holdings, LLC, 172 So. 3d 508 (Fla. 3d DCA 2015)