· 6/24/2011
Lion Gables Realty Ltd. v. Randall Mechanical, Inc.
Citations
- 65 So. 3d 1098
- 2011 Fla. App. LEXIS 9884
- 2011 WL 2493660
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a finding of the validity and existence of a contract must come before an analysis of third parties
- holding that right to arbitrate was waived by propounding discovery directed to the merits of pending litigation before moving to compel arbitration
- stating that the issue of whether a valid written agreement to arbitrate exists “necessarily involves a determination of whether a valid agreement exists between the parties”
- holding discovery request, which went to merits of arbitrable issue, waived arbitration
- finding subcontractors had waived the right to arbitration by participating in merits discovery—including requesting “copies of all material furnished in response to a production request directed to non-party”
- \The law in Florida is clear that a party's participation in merits discovery constitutes a waiver of arbitration.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Torpy, Lawson, Cohen
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.