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.”

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s