From Casetext: Smarter Legal Research

Hardy Cont. v. Homeland Prop. Owners

District Court of Appeal of Florida, Fourth District
Apr 4, 1990
558 So. 2d 543 (Fla. Dist. Ct. App. 1990)

Summary

disagreeing with the dissenting judge's view that a third-party defendant which timely raised its right to arbitration and subsequently participated in discovery related to the merits while the arbitration issue was pending did not waive its right to arbitration

Summary of this case from Green Tree Servicing v. McLeod

Opinion

No. 89-2444.

April 4, 1990.

Appeal of a non-final order from the Circuit Court for Palm Beach County; Jack H. Cook, Judge.

Douglas R. Bell of Law Office of Bell Bell, Fort Lauderdale, for appellant.

Timothy P. McCarthy of Merola, McCarthy Cox, P.A., Palm Beach Gardens, for appellee-Miller-American Industries, Inc.


We affirm the trial court's order denying appellant's motion to dismiss appellee's third-party complaint which found that appellant waived its right to arbitration. However, we do so without prejudice to appellant's filing of another motion to dismiss based upon the grounds left unresolved by the trial court's order.

HERSEY, C.J., and GLICKSTEIN, J., concur.

ANSTEAD, J., dissents with opinion.


Because the appellant raised the arbitration issue at the earliest opportunity I would uphold the right to arbitration despite appellant's subsequent request for discovery. Florida public policy now strongly favors arbitration, and I think this policy should prevail. In addition, I see no real conflict between first raising one's right to arbitration and then conducting discovery while the arbitration issue is pending. I fail to see how inquiring about the factual bases for a claim is somehow inconsistent with the assertion that the claim should be resolved by arbitration.


Summaries of

Hardy Cont. v. Homeland Prop. Owners

District Court of Appeal of Florida, Fourth District
Apr 4, 1990
558 So. 2d 543 (Fla. Dist. Ct. App. 1990)

disagreeing with the dissenting judge's view that a third-party defendant which timely raised its right to arbitration and subsequently participated in discovery related to the merits while the arbitration issue was pending did not waive its right to arbitration

Summary of this case from Green Tree Servicing v. McLeod
Case details for

Hardy Cont. v. Homeland Prop. Owners

Case Details

Full title:HARDY CONTRACTORS, INC., APPELLANT, v. HOMELAND PROPERTY OWNERS…

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 4, 1990

Citations

558 So. 2d 543 (Fla. Dist. Ct. App. 1990)

Citing Cases

Green Tree Servicing v. McLeod

The First District and the Fourth District have not ruled on the question of whether propounding discovery…