ROBERTO FERNANDEZ, A MINOR, BY ARACELIA FERNANDEZ, HIS MOTHER AND NEXT FRIEND, APPELLANT,
v.
GRANGE MUTUAL CASUALTY COMPANY, APPELLEE
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.
This case concerns whether a minor, injured while driving a vehicle insured by the appellee, could disclaim the findings of an arbitration proceeding he initiated. The appellate court affirmed the lower court's dismissal, holding that the minor could not disclaim the arbitration findings due to his infancy after voluntarily participating in the arbitration.
No, a minor who initiates arbitration proceedings cannot later disclaim the findings of that arbitration by asserting the defense of infancy.
“Having instituted the arbitration proceedings, the plaintiff below cannot disclaim the findings of the arbitration board by now asserting the defense of infancy.”
This quote establishes the core legal principle that voluntary initiation of arbitration precludes later disclaiming its findings based on infancy.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA sixteen-year-old minor, Roberto Fernandez, was injured while operating a vehicle insured by Grange Mutual Casualty Company. The insurance policy inc…
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 Clause cases and more on FLexlaw
These appeals have been consolidated for appellate purposes. The appellant, Roberto Fernandez, a sixteen year old minor, was operating a vehicle owned by an insured of the appellee, and was injured. The contract of insurance issued to the insured contained coverage providing for injuries caused by uninsured motorists. Thereafter, pursuant to the terms of the insurance contract, the minor instituted arbitration proceedings with the American Arbitration Association in order to determine whether the appellee was liable for his damages. The American Arbitration Association determined that no liability existed, and the minor, by and through his mother and next friend, appellant Ara-celia Fernandez, instituted these proceedings in the circuit court. Ultimately, the complaint was dismissed with leave to file an amended complaint, which was not done, and final judgment was entered in favor of the appellee.
Although several cogent theories of law have been offered by the appellee in order to sustain the ruling of the trial court, we hereby affirm on the authority of Section 627.-01051 (2) Fla.Stat. F.S.A. Having instituted the arbitration proceedings, the plaintiff below cannot disclaim the findings of the arbitration board by now asserting the defense of infancy.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
In re Est. of S. W. Granberry, 229 So. 2d 869 (Fla. 1969)…Certiorari denied without opinion. 224 So. 2d 724.…