Summary
The Florida Third District Court of Appeal held that contemporaneously executed agreements concerning the same transaction should be construed together. Because the License Agreement and Purchase Order Agreement incorporated and referred to one another and the License Agreement contained a mandatory arbitration provision, the court concluded that Sorensen was required to arbitrate his royalty-payment claim. The court reversed the order denying Quix Snaxx's motion to compel arbitration and remanded for further proceedings.
Holdings
- The Purchase Order Agreement and License Agreement, which were executed contemporaneously, concerned the same transaction, referred to each other, and addressed the same royalty obligation, had to be construed together rather than the Purchase Order Agreement being considered in isolation.
- Sorensen was obligated to arbitrate the royalty claim because the License Agreement's mandatory arbitration provision applied to the integrated contractual arrangement governing the royalty payments.
Questions Presented
- Whether the contemporaneously executed Purchase Order Agreement and License Agreement should be construed together as a single contractual arrangement.
- Whether the arbitration provision in the License Agreement required Sorensen to arbitrate his royalty claim under the Purchase Order Agreement.
Disposition
reversed_and_remanded
Cases Cited (7)
- United States Rubber Products, Inc. v. Clark, 145 Fla. 631, 200 So. 385, 388 (Fla. 1941)(followed)
- Citicorp Real Estate, Inc. v. Ameripalms 6B GP, Inc., 633 So. 2d 47, 49 (Fla. 3d DCA 1994)(followed)
- Hurley v. Slingerland, 461 So. 2d 282, 284 (Fla. 4th DCA 1985)(followed)
- Edelblut Const. Co. v. Free, 149 So. 2d 360, 364 (Fla. 2d DCA 1963)(followed)
- Diana Stores Corporation v. M. & M. Electric Co., 108 So. 2d 486, 487-88 (Fla. 3d DCA 1959)(followed)
- Collins v. National Fire Insurance Co., 105 So. 2d 190, 194-95 (Fla. 2d DCA 1958)(followed)
- Kantner v. Boutin, 624 So. 2d 779, 781 (Fla. 4th DCA 1993)(distinguished)
Cited In (0)
No citing cases on record yet.
Court Document
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