SHP IV Harbour Island, LLC v. Boylan

Summary

The Florida Fifth District Court of Appeal affirmed an order denying a motion to compel arbitration in an assisted living facility negligence case. The court held that the defendants waived arbitration by conducting discovery into the merits of the underlying claims, contrary to the limited discovery authorized by the trial court.

Holdings

1. A party waives its right to arbitration when, under the totality of the circumstances, it acts inconsistently with that right; participating in discovery directed to the merits of the underlying claims is conduct inconsistent with the right to arbitrate.

Questions Presented

1. Whether Appellants waived their contractual right to arbitrate by engaging in discovery concerning the merits of the underlying claims after moving to compel arbitration.
2. Whether the trial court properly denied Appellants' motion to abate and compel arbitration.

Disposition

affirmed