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· 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 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.