Wednesday, May 27, 2009

Fourth District Affirms Decision Finding Waiver of Arbitration

In Bland v. Green Acres Group, L.L.C. (4D08-3632), Judge Maass writing for the majority affirmed the circuit court's decision that arbitration had been waived. Waiver occured by the filing of a lawsuit; the filing of an answer without claiming arbitration; and by settlement discussions.

Regardless of whether the majority or dissent puts forth the correct legal proposition [and I do not opine on that issue], Judge Farmer wrote an excellent and detailed 13 page dissent. Judge Farmer argues the decision by the majority is "most casual in its unprecedented extension of the grounds on which contract rights to arbitrate may be deemed waived" and "the totality of conduct relied upon by the majority is legally insufficient to constitute a waiver of arbitration."


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