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O'Flarity v. Trend Star Dev., Inc.

District Court of Appeal of Florida, Fourth District
Mar 26, 1997
689 So. 2d 1297 (Fla. Dist. Ct. App. 1997)

Summary

holding that the filing of an answer is an act inconsistent with arbitration

Summary of this case from Estate of Williams ex rel. Williams v. Manor Care of Dunedin, Inc.

Opinion

CASE NO. 96-0631

Opinion filed March 26, 1997.

Appeal of a non-final order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Peter M. Evans, Judge; L.T. Case No. CL 95-3751 AB.

James P. O'Flarity of James P. O'Flarity, P.A., North Palm Beach, pro se.

No brief filed for appellees.


This is a non-final appeal challenging a trial court's order granting William Brooker and James Ranum's motion to compel arbitration and staying all matters pending arbitration. Appellant contends that both parties waived any right to arbitrate. We agree with appellant's waiver argument only as to Brooker who filed an answer to the complaint.

The filing of an answer is an act inconsistent with a subsequent demand to arbitrate. See Bared Co. v. Speciality Maintenance Constr. Co., 610 So.2d 1 (Fla. 2d DCA 1992); Hardin Int'l, Inc. v. Firepak, Inc., 567 So.2d 1019, 1021 (Fla. 3d DCA 1990); King v. Thompson McKinnon, Auchincloss, Kohlmeyer, Inc., 352 So.2d 1235 (Fla. 4th DCA 1977); Mike Bradford Co. v. Gulf States Steel Co., 184 So.2d 911 (Fla. 3d DCA 1966). We find no waiver as to Ranum who did not file an answer.

Accordingly, we affirm the order requiring appellant to arbitrate with Ranum and reverse as to Brooker. This case is remanded for disposition consistent with this opinion.

DELL, STONE and WARNER, JJ., concur.


Summaries of

O'Flarity v. Trend Star Dev., Inc.

District Court of Appeal of Florida, Fourth District
Mar 26, 1997
689 So. 2d 1297 (Fla. Dist. Ct. App. 1997)

holding that the filing of an answer is an act inconsistent with arbitration

Summary of this case from Estate of Williams ex rel. Williams v. Manor Care of Dunedin, Inc.
Case details for

O'Flarity v. Trend Star Dev., Inc.

Case Details

Full title:JAMES P. O'FLARITY, Appellant, v. TREND STAR DEVELOPMENT, INC., TREND STAR…

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 26, 1997

Citations

689 So. 2d 1297 (Fla. Dist. Ct. App. 1997)

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