ARBITRATION: UNDER REVISED FLORIDA ARBITRATION CODE, EFFECTIVE JULY 1, 2013, COURTS DECIDE WHETHER AN ARBITRABLE ISSUE EXISTS: ARBITRATORS DECIDE WHETHER CONDITIONS PRECEDENT TO ARBITRATION HAVE BEEN SATISFIED AND WHETHER ARBITRATION AGREEMENT IS ENFORCEABLE: IF A PARTY TO A LAWSUIT CHALLENGES THE ARBITRABILITY OF A CLAIM, ARBITRATION MAY PROCEED PENDING A DETERMINATION OF ARBITRABILITY BY THE COURT UNLESS THE COURT ORDERS OTHERWISE: DISPUTE OVER MANAGEMENT OF LIMITED LIABILITY COMPANY WAS NOT ARBITRABLE BECAUSE AGREEMENTS TO ARBITRATE WERE LIMITED TO MEMBER DUTIES AND DECISION MAKING IMPASSES

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 … Click To Read Full Case Law Review...

CONSUMER LAW: CLASS ACTIONS: FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT: ELECTRONIC TITLING AND REGISTRATION FILING FEES: CONTRACTS: MOTOR VEHICLE SALES AND FINANCING: ARBITRATION: RETAIL INSTALLMENT SALES CONTRACT, WITHOUT AN ARBITRATION CLAUSE BUT WITH A MERGER CLAUSE, SUPERSEDED CONTEMPORANEOUSLY EXECUTED RETAIL PURCHASE AGREEMENT WITH AN ARBITRATION CLAUSE

HHH Motors, LLP v. Holt, ___ So. 3d ___, 39 Fla. L. Weekly D2509 (Fla. 1st DCA December 3, 2014)

Immediately after signing a Retail Purchase Agreement (RPA) for a motor vehicle, the plaintiffs signed a Retail Installment Sales Contract (RISC).  The RPA contained an arbitration clause, but the RISC did not.  The RISC did contain a merger clause, … Click To Read Full Case Law Review...

SECURITIES LAW: CLAIM AGAINST STOCKBROKER FOR INVESTMENT LOSSES: ARBITRATION: ISSUE WHETHER CLIENT WAIVED RIGHT TO ARBITRATION BY LITIGATING CLAIM SHOULD BE DECIDED BY COURT RATHER THAN ARBITRATOR

Cassedy v. Hofmann, ___ So. 3d ___, 39 Fla. L. Weekly D2450 (Fla. 1st DCA November 24, 2014)

The plaintiffs filed an action in state court against their stockbroker to recover damages resulting from investment losses.  The defendant moved to compel arbitration, but the plaintiffs opposed the motion.  After a four year period of inactivity, the defendant filed a … Click To Read Full Case Law Review...

ARBITRATION: BROAD ARBITRATION CLAUSE IN ONE AGREEMENT REQUIRED ARBITRATION OF CLAIM UNDER RELATED AGREEMENT

Sunsplash Events, Inc. v. Robles, ___ So. 3d ___, 39 Fla. L. Weekly D2368 (Fla. 4th DCA November 12, 2014)

The defendant entered into an agreement to employ the plaintiff, who owned a competing business.  The employment agreement precluded the plaintiff from having an interest in a competing business.  The parties simultaneously entered into a bill of sale agreement … Click To Read Full Case Law Review...

EMPLOYMENT LAW: WHISTLE BLOWERS: ARBITRATION: CONTRACTS: INCORPORATION BY REFERENCE: EMPLOYMENT AGREEMENT DID NOT CONTAIN A VALID AGREEMENT TO ARBITRATE BECAUSE IT FAILED TO SPECIFY THE PROCEDURES BY WHICH ARBITRATION WAS TO BE EFFECTED: EMPLOYMENT AGREEMENT DID NOT INCORPORATE BY REFERENCE SEPARATE DOCUMENT THAT DID SPECIFY PROCEDURES FOR EFFECTING ARBITRATION BECAUSE SEPARATE AGREEMENT WAS NOT SUFFICIENTLY DESCRIBED IN, OR ATTACHED TO, THE EMPLOYMENT AGREEMENT, AND NO LOCATION WAS GIVEN WHERE SEPARATE AGREEMENT COULD BE FOUND: PROVIDING A TELEPHONE NUMBER FOR MAKING INQUIRIES WAS INSUFFICIENT

Spicer v. Tenet Florida Physician Services, LLC, ___ So. 3d ___, 39 Fla. L. Weekly D2208 (Fla. 4th DCA October 22, 2014)

When the plaintiff sued her employer for violating the Florida Whistleblower Act, the trial court granted her employer’s motion to compel arbitration, but the appellate court reversed.  Although the employment agreement provided that arbitration of disputes between … Click To Read Full Case Law Review...