· 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 CourtListenerSourced 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.