Court Rejects Claim That Party Waived Right To Arbitrate

According to the Florida Court of Appeals, a party, by filing an answer and participating in minimal discovery, did not waive its right to compel arbitration. What seems to have determinatively impacted the outcome, in Performance Air Mechanical, Inc. v. Miller Construction Services, Inc., is the failure of the opposing party to “file an answer brief in this appeal, leaving Performance Air’s arguments unrebutted.”