AP Atlantic, Inc. v. Silver Creek St. Augustine, LLLP

266 So. 3d 865 (Fla. 5th DCA 2019) · Florida Fifth District Court of Appeal · March 15, 2019

Summary

The Florida Fifth District Court of Appeal held that a non-signatory to a construction contract may enforce the contract’s arbitration provision when a signatory asserts claims against the non-signatory that arise directly from the contract. The court reversed the denial of the motion to compel arbitration and remanded with directions to grant the motion.

Holdings

  1. A nonsignatory to a contract may enforce the contract's arbitration provision against a signatory when the signatory's claims against the nonsignatory relate directly to the contract and rely on the contract.

Questions Presented

  1. Whether a nonsignatory to a construction contract may enforce the contract's arbitration provision when a signatory asserts claims against the nonsignatory that arise directly from the contract.

Disposition

reversed_and_remanded

Cases Cited (3)

  • Koechli v. BIP Int'l, Inc., 870 So. 2d 940 (Fla. 1st DCA 2004)(followed)
  • Roman v. Atl. Coast Constr. & Dev., Inc., 44 So. 3d 222 (Fla. 4th DCA 2010)(followed)
  • Cuningham Hamilton Quiter, P.A. v. B.L. of Miami, Inc., 776 So. 2d 940 (Fla. 3d DCA 2000)(followed)

Cited In (0)

No citing cases on record yet.

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