BEN KEITH, JR., APPELLANT,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLEE
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Appellant, by this third amended complaint, sought specific performance to compel arbitration of an insurance agreement. The trial court dismissed same and this appeal ensued. We reverse.
Although the complaint for specific performance was erroneously labeled and contained many allegations immaterial to the relief available, we find that same was sufficient to meet the requirements of § 682.-17, Fla.Stat., F.S.A. and should have been considered as a motion under said section.
Therefore, the order under review be and the same is hereby reversed, with directions to grant the plaintiff a hearing upon his third amended complaint, considering it as a motion filed pursuant to § 682.17, Fla. Stat., F.S.A.
Reversed and remanded, with directions.
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Whitfield v. Century Ins. Co. OF NEW York, 281 So. 2d 569 (Fla. 3d DCA 1973)…nt of a third arbitrator, but the court can only act where a complaint is before the court. In this instance, if the complaint is dismissed there is nothing before the court. Cf. Keith v. State Farm Mutual Automobile Insurance Company, Fla.App.1970, 240 So. 2d 202. Therefore the order appealed is affirmed in part and reversed in part. The order is affirmed as to the appointment of the impartial third arbitrator, but is reversed as to the dismissal of the complaint, and the cause is remanded with directions t…
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Nigaglioni v. Century Ins. Co. OF NEW York, 281 So. 2d 570 (Fla. 3d DCA 1973)…third impartial arbitrator, we find that same was sufficient to meet the requirements of F.S. § 682.17 F.S.A., and should have been considered as a motion under said section. See Keith v. State Farm Mutual Automobile Insurance Company, Fla.App.1970, 240 So. 2d 202. In addition, we hold that the court below committed error in failing to consider the appellant’s application for costs and attorney’s fees. Therefore, the order under review be and the same is hereby reversed with directions to grant the plaintif…
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United Paperworkers Int'l v. ITT Rayonier, Inc., 740 F. Supp. 833 (M.D. Fla. 1990)…Florida courts view a close kinship between actions for specific performance and actions to compel arbitration, see, e.g., Knight v. H.S. Equities, Inc., 280 So.2d 456, 459 (Fla.Dist.Ct.App.1973); Keith v. State Farm Mut. Auto. Ins. Co., 240 So.2d 202 (Fla.Dist.Ct.App.1970). 4 . The Company submits in its reply memorandum that the Florida statute of limitation for actions to vacate an arbitration award provides a better analogy than the specific performance limitations period. The stateme…