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· 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 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.