From Casetext: Smarter Legal Research

Frontage Road Partners v. McMullen

District Court of Appeal of Florida, Second District
Jul 26, 2006
934 So. 2d 629 (Fla. Dist. Ct. App. 2006)

Summary

holding that action of filing a complaint and notice of lis pendens based on a contract without simultaneously requesting a stay and an order compelling arbitration waives that party's contractual right to arbitrate

Summary of this case from Pearson v. Peoples Nat'l Bank

Opinion

No. 2D06-1439.

July 26, 2006.

Appeal from the Circuit Court, Hillsborough County, Claudia R. Isom, J.

Marion Hale and Steven H. Weinberger of Johnson, Pope, Bokor, Ruppel Burns, LLP, Clearwater, for Appellant.

Hala Sandridge and Tirso M. Carreja, Jr., of Fowler White Boggs Banker P.A., Tampa, for Appellee.


Frontage Road Partners, LLC, filed this nonfinal appeal pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv), when the trial court denied its motion to compel arbitration. The trial court found that Frontage Road Partners had waived its contractual right to arbitration by taking action inconsistent with that right, i.e., filing a complaint in the circuit court for specific performance of a real estate sales contract in which it was the buyer. Along with its complaint, Frontage Road Partners also filed a notice of lis pendens. We agree with our sister court's opinion in Bonner v. RCC Associates, Inc., 679 So.2d 794 (Fla. 3d DCA 1996), that a plaintiff waives a contractual right to arbitrate by filing a complaint and a notice of lis pendens without simultaneously requesting a stay and an order compelling arbitration.

Frontage Road Partners argues that it had to file the complaint in order to get a lis pendens so that the property would not be sold to a third party pending resolution of its dispute with the seller of the property, Carolyn D. McMullen. We do not disagree that it was proper to take such action. However, that action, while needed in such a case as this, is not inconsistent with a contractual right to arbitrate the dispute if a request for a stay and an order compelling arbitration accompanies the complaint. Filing a complaint and lis pendens to protect the right to buy the property or requesting arbitration pursuant to the sales contract are not mutually exclusive actions. The trial court based its order on several grounds. We do not address the other grounds but conclude that the action of filing a complaint and notice of lis pendens based on a contract without simultaneously requesting a stay and an order compelling arbitration waives that party's contractual right to arbitrate.

Affirmed.

NORTHCUTT and CANADY, JJ., Concur.


Summaries of

Frontage Road Partners v. McMullen

District Court of Appeal of Florida, Second District
Jul 26, 2006
934 So. 2d 629 (Fla. Dist. Ct. App. 2006)

holding that action of filing a complaint and notice of lis pendens based on a contract without simultaneously requesting a stay and an order compelling arbitration waives that party's contractual right to arbitrate

Summary of this case from Pearson v. Peoples Nat'l Bank

In Frontage Road Partners, LLC v. McMullen, 934 So.2d 629 (Fla. 2d DCA 2006), the plaintiff filed a complaint in the circuit court seeking the specific performance of a real estate contract.

Summary of this case from Carnival Corp. v. Booth
Case details for

Frontage Road Partners v. McMullen

Case Details

Full title:FRONTAGE ROAD PARTNERS, LLC, a Florida limited liability corporation…

Court:District Court of Appeal of Florida, Second District

Date published: Jul 26, 2006

Citations

934 So. 2d 629 (Fla. Dist. Ct. App. 2006)

Citing Cases

Pearson v. Peoples Nat'l Bank

It did so without simultaneously moving to request a stay and an order compelling arbitration. See Frontage…

Law Company, Inc. v. United Drywall Group, LLC

The waiver argument defendant advances is wholly dependent on Florida law. See Dkt. 24, 4-6 (citing Raymond…