Wednesday, August 19, 2009

Arbitration Properly Denied When No Written Agreement to Arbitrate

In order to prevail on a motion to compel arbitration, the trial court must determine “(1) whether a valid written agreement to arbitrate exists; (2) whether an arbitrable issue exists; and (3) whether the right to arbitration was waived.” See Seifert v. U.S. Home Corp., 750 So. 2d 633, 636 (Fla. 1999).

We conclude, based on the facts in this case, there was never a valid written agreement to satisfy the first element of the Seifert requirement. Accordingly, we affirm the trial court’s order denying appellants’ motion to compel arbitration.


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