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· 12/9/2005

Kaplan v. Kimball Hill Homes Florida, Inc.

Citations

  • 915 So. 2d 755
  • 2005 WL 3334979

How courts have described this case

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

  • holding home buyers waived right of access to courts by agreeing to arbitration clause in contract with builder
  • finding that claims did fall within scope of agreement to arbitrate disputes related to the contract
  • stating that parties can relinquish right to jury trial via contract and that agreement to arbitrate claims necessarily involves such a waiver
  • finding that a specific waiver of the right to a jury trial was not necessary because \an agreement to arbitrate necessarily is understood to involve the relinquishment of the rights of access to courts and trial by jury.\
  • finding that a specific waiver of the right to a jury trial was not necessary because “an agreement to arbitrate necessarily is understood to involve the relinquishment of the rights of access to courts and trial by jury.”
  • “[T]he rights of access to courts ... may be contractually relinquished, (quoting Global Travel Mktg., Inc. v. Shea, 908 So.2d 392, 398 (Fla.2005)

Source: CourtListener parenthetical corpus (CC0).

Judges: Canady

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.