UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
HELENE DONNA ALPERT, DEFENDANT-APPELLANT; UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, V. CARL HENRY ALPERT, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
HELENE DONNA ALPERT, DEFENDANT-APPELLANT; UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, V. CARL HENRY ALPERT, DEFENDANT-APPELLANT
10 F.3d 753
Court of Appeals for the Eleventh Circuit (1993)
Caution
Cited by 31 cases
Opinion of the Court
BY THE COURT: A member of this court in active service having requested a poll on whether this ease should be reheard by the Court sitting en banc, and a majority of the judges of this Court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel’s opinion is hereby VACATED.
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Urs Koechli v. BIP Int'l, Inc., 870 So. 2d 940 (Fla. 1st DCA 2004)…enerally predicated on an express decision to waive the right to trial in a judicial forum, [courts have] held that the lack of a written arbitration agreement is not an impediment to arbitration.” Sunkist Soft Drinks, Inc. v. Sunkist Growers, Inc., 10 F. 3d 753, 756-57 (11th Cir.1993). Florida law recognizes that contracts may be validly formed with [*944] out an express written agreement. Nautica Intern., Inc. v. Intermarine USA, L.P., 5 F. Supp. 2d 1333, 1340 (S.D.FIa.1998). Florida and federal court…
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Pozo v. Roadhouse Grill, Inc., 790 So. 2d 1255 (Fla. 5th DCA 2001)…the contracts controlling employment. The issue was what claims were subject to arbitration, not whether non-parties may be bound to contractual provisions. The two federal cases Roadhouse cites, Sunkist Soft Drinks, Inc. v. Sunkist Growers, Inc., 10 F. 3d 753, 757-58 (11th Cir. 1993) and McBro Planning and Development Co. v. Triangle Electrical Construction Co., Inc., 741 F. 2d 342 (11th Cir.1984), both stand for the proposition that a party to an arbitration contract may equitably estop a nonsignatory f…
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MS Dealer Serv. Corp. v. Franklin, 177 F.3d 942 (11th Cir. 1999)…nerally predicated on an express decision to waive the right to trial in a judicial forum, this court has held that the lack of a written arbitration agreement is not an impediment to arbitration.” Sunkist Soft Drinks, Inc. v. Sunkist Growers, Inc., 10 F. 3d 753, 756-57 (11th Cir.1993). This is because “there are certain limited exceptions, such as equitable estoppel, that allow nonsignatories to a contract to compel arbitration.” Id. at 757. A second exception exists when, “under agency or related prin…
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