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  • Florida Fourth DCA rules that arbitration clause in plaintiff’s home purchase contract with developer did not apply in subsequent
    Florida Fourth DCA rules that arbitration clause in plaintiff’s home purchase contract with developer did not apply in subsequent premises liability lawsuit against developer for injuries plaintiff sustained in fall on developer’s residential community property

    On November 3, 2021, in Dewees v. Johnson, et al, No. 4D21-446, the Florida Fourth DCA reversed a non-final order of the trial court compelling arbitration and staying litigation of the plaintiff’s negligence and breach of duty claims in a premises liability complaint...

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  • Florida Second DCA rules that trial court erred in finding assisted living facility’s arbitration agreement unconscionable, concluding that record did not support required finding of procedural unconscionability
    Florida Second DCA rules that trial court erred in finding assisted living facility’s arbitration agreement unconscionable, concluding that record did not support required finding of procedural unconscionability

    On October 13, 2021, in Osprey Health Care Center, LLC. Et al, v. Pascazi, No. 2D19-4787, the Florida Second DCA reversed a trial court ruling which had held that the defendant assisted living facility’s Mediation and Arbitration Agreement...

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  • Florida Fifth DCA rules that defendant in assisted living facility negligence case waived its right to arbitration by attempting to engage in merits discovery after arbitration request
    Florida Fifth DCA rules that defendant in assisted living facility negligence case waived its right to arbitration by attempting to engage in merits discovery after arbitration request

    On May 24, 2019, in SHP IV Harbour Island, LLC v. Boylan , No. 5D18-423, an assisted living facility negligence case, the Florida Fifth affirmed a trial court’s ruling denying the defendant’s motion ...

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  • Florida Fourth DCA vacates medical negligence arbitration award that included damages for loss of companionship and guidance as economic damages not subject to cap on non-economic damages
    Florida Fourth DCA vacates medical negligence arbitration award that included damages for loss of companionship and guidance as economic damages not subject to cap on non-economic damages

    On April 4, 2018, in Plantation General Hospital Limited Partnership v. Division of Administrative Hearings , et al, No. 4D16-2652, the Florida Fourth DCA reversed an arbitration award of economic ...

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  • Florida Fourth DCA affirms trial court's denial of motion to vacate arbitration award; no actual arbitrator bias shown where arbitrator had no knowledge of conflict of interest
    Florida Fourth DCA affirms trial court's denial of motion to vacate arbitration award; no actual arbitrator bias shown where arbitrator had no knowledge of conflict of interest

    On October 4, 2017, in Managed Care Insurance Consultants v. United Healthcare Insurance Company , No. 4D16-2767, the Florida Fourth DCA issued a substituted and clarified opinion affirming a trial ...

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  • Florida Fourth DCA rules that nursing home's arbitration agreement was not proceduraly unconscionable despite being executed 34 days after patient's admission
    Florida Fourth DCA rules that nursing home's arbitration agreement was not proceduraly unconscionable despite being executed 34 days after patient's admission

    On July 5, 2017, in FI-Pompano Rehab, LLC v. Irving , No. 4D16-3121, the Florida Fourth DCA reversed a trial court’s non-final order denying a nursing home’s motion to compel arbitration of a ...

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  • Florida Second DCA holds that discovery permitted under arbitration agreement need not mirror discovery permitted under Florida Rules of Civil Procedure
    Florida Second DCA holds that discovery permitted under arbitration agreement need not mirror discovery permitted under Florida Rules of Civil Procedure

    On February 15, 2017, in Angels Senior Living v. Gundry , No. 2D16-2080, the Second DCA reversed a trial court’s denial a defendant’s motion to compel arbitration. The trial court had denied the ...

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