Andre Franklin, Inc. v. Wax, 150 So. 3d 815 (Fla. 2d DCA 2014).

Homeowner sued Contractor, and Contractor filed a counterclaim and motion to dismiss contemporaneously with a motion to compel arbitration and abate.  The District Court held that these actions were not sufficient to create a waiver of Contractor’s right to arbitrate, particularly in light of the fact the Contractor had not initiated discovery.

From the Construction Regulation Subcommittee Monthly Report

Trenton H. Cotney

Florida Bar Certified Construction Lawyer

Trent Cotney, P.A.

407 N. Howard Avenue

Suite 100

Tampa, FL 33606

www.trentcotney.com