· 2/24/2005
Raymond James Financial v. Saldukas
Citations
- 896 So. 2d 707
- 30 Fla. L. Weekly Supp. 115
- 2005 Fla. LEXIS 359
- 2005 WL 425406
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining the same and noting that arbitration provisions are generally favored
- defining \waiver\ as \the voluntary and intentional relinquishment of a known right or conduct which implies the voluntary and intentional relinquishment of a known right\ (citing Major League Baseball v. Morsani, 790 So. 2d 1071, 1077 n.12 (Fla. 2001))
- appraisal case stating: “Implied waiver of the right to arbitration occurs only when a party engages in conduct which is inconsistent with that right.”
- “[T]here is no requirement for proof of prejudice in order for there to be an effective waiver of the right to arbitrate.”
- “[A party’s contract rights [to arbitration] may be 5 waived by actually participating in a lawsuit or taking action inconsistent with that right.”
- “We have defined ‘waiver’ as the voluntary and intentional relinquishment of a known right or conduct which implies the voluntary and intentional relinquishment of a known right.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wells
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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