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· 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 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.