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· 6/26/2009

Green Tree Servicing, LLC v. McLeod

Citations

  • 15 So. 3d 682
  • 2009 Fla. App. LEXIS 8763
  • 2009 WL 1811554

How courts have described this case

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

  • holding party waived its arbitration rights by participating in discovery on the merits, including several requests for production and sets of interrogatories
  • finding waiver of arbitration where appellant conducted “substantial” discovery activity which remained pending for several 'months, including requests to produce twenty-eight categories of merit-related documents and three sets of interrogatories propounding forty-five questions
  • finding waiver of arbitration where appellant conducted “substantial” discovery activity which remained pending for several months, including production request for twenty-eight categories of merit-related documents and three sets of interrogatories
  • discussing examples of waiver effectuated by \conduct that is inconsistent with the arbitration request\
  • finding competent, substantial evidence supported trial court’s finding that defendant waived right to arbitrate where it propounded requests to produce and interrogatories directed at merits, then filed motion to compel responses
  • “ ‘[T]he prosecution or defense of a lawsuit on issues subject to arbitration may constitute a waiver.’ ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wallace, Northcutt, Altenbernd, Fulmer, Whatley, Casanueva, Davis, Silberman, Kelly, Villanti, Larose, Khouzam, Crenshaw

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.