DEPARTMENT OF OFF STREET PARKING OF THE CITY OF MIAMI v. DOWNTOWN 56 LLC (2022)

District Court of Appeal of Florida, Third District.

The DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI, Appellant, v. DOWNTOWN 56, LLC, Appellee.

No. 3D22-0165

Decided: November 10, 2022

Before LOGUE, MILLER and BOKOR, JJ.

Victoria Méndez, City Attorney and Eric J. Eves, Assistant City Attorney, for appellant. Stok Kon + Braverman, and Robert A. Stok (Fort Lauderdale), for appellee.

Affirmed. Airbnb, Inc. v. Doe, 336 So. 3d 698, 705 (Fla. 2022) (explaining that “because Airbnb's Terms of Service incorporate by reference the AAA Rules that expressly delegate arbitrability determinations to an arbitrator, the agreement clearly and unmistakably evidences the parties’ intent to empower an arbitrator, rather than a court, to resolve questions of arbitrability”); see also Seifert v. U.S. Home Corp., 750 So. 2d 633, 636 (Fla. 1999) (recognizing three elements for courts to consider when ruling on a motion to compel arbitration: 1) whether a valid written agreement to arbitrate exists; 2) whether an arbitrable issue exists; and 3) whether the right to arbitration has been waived).

PER CURIAM.

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