Sherwood v. Slazinski, ___ So. 3d ___, 40 Fla. L. Weekly D487 (Fla. 2d DCA February 20, 2015)
The plaintiff and one of the defendants formed a limited liability company. The plaintiff provided the capital, and the defendants ran the business. When the plaintiff became disenchanted with the management of the business, he sued the defendants for declaratory and injunctive relief, and the defendants moved to compel arbitration. The trial court denied the motion, and the appellate court affirmed based upon the lack of an arbitrable issue because the agreements to arbitrate were limited to “member duties and decision-making impasses.” Under the Revised Florida Arbitration Code, effective July 1, 2013, courts decide whether a dispute is arbitrable; arbitrators decide whether the conditions precedent to arbitration have been satisfied and whether an agreement to arbitrate is enforceable. If a party to a lawsuit contends that the dispute is not arbitrable, arbitration may continue until the court decides the issue of arbitrability or orders otherwise.”
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