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· 10/16/1992

Bared and Co. v. Specialty Maintenance

Citations

  • 610 So. 2d 1
  • 1992 WL 282107

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that filing an answer to a cross-claim without demanding arbitration was a waiver of the contractual right to arbitration
  • holding that a showing of prejudice is not required when the waiver is based on a party's acts that are inconsistent with its contractual rights
  • waiver where the defendant filed an answer and a cross-claim without raising the arbitration issue
  • “It was not the substance of the initial answer that resulted in the waiver but the fact that SMIC and National Fire answered rather than demanding arbitration.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lehan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.