· 12/31/2003
Marine Environmental Partners, Inc. v. Johnson
Citations
- 863 So. 2d 423
- 2003 WL 23095271
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that under Florida law, a party can waive a right to arbitration based on litigation conduct that is inconsistent with arbitration
- \[T]he defendants were signatories to the Licensing Agreement and legally charged with knowledge of its terms from the date it was signed.\
- “Where a party defends on the merits by answering the complaint without demanding arbitration, a waiver is deemed to have occurred.”
- “[T]he defendants were signatories to the Licensing Agreement and legally charged with knowledge of its terms from the date it was signed.”
- “A party claiming waiver of arbitration must show: (1) knowledge of an existing right to arbitrate and (2) active participation in litigation or other acts inconsistent with the right.”
- “Under both federal law and the Florida arbitration code, there are three elements for courts to consider: (1) whether a valid written agreement to arbitrate exists; (2) whether an arbitral issue exists; and (3
Source: CourtListener parenthetical corpus (CC0).
Judges: Taylor
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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