Patricia Seifert v. U.S. Home Corporation, et al.

Summary

In Seifert v. U.S. Home Corp., 750 So.2d 633 (Fla. 1999), the Florida Supreme Court held that a broad arbitration clause covering claims “arising under or related to” a home purchase contract did not compel arbitration of a subsequent wrongful death negligence claim, because the tort claim was based on common law duties independent of the contract and lacked a “significant relationship” to the agreement. The court ruled that arbitration provisions are interpreted according to the parties’ intent, and a general clause does not encompass personal injury tort claims unless the contract clearly indicates such intent, particularly given the constitutional right to jury trial. The decision quashed the district court’s contrary ruling and approved Terminix International Co. v. Michaels, emphasizing that the mere existence of a contractual relationship is insufficient to mandate arbitration of tort claims.

Holdings

1. An agreement to arbitrate in a purchase and sale agreement does not necessarily mandate arbitration of a subsequent and independent tort action based upon common law duties.

Questions Presented

1. Whether an arbitration provision in a purchase and sale agreement mandates arbitration of a subsequent and independent tort action based upon common law duties.

Disposition

quashed