GARCIA v. INSURANCE EXCHANGE OF AMERICA CORPORATION (2021)

District Court of Appeal of Florida, Third District.

Arays D. Granada GARCIA, Appellant, v. The INSURANCE EXCHANGE OF AMERICA CORPORATION, Appellee.

No. 3D21-387

Decided: September 08, 2021

Before FERNANDEZ, C.J., and LOGUE and BOKOR, JJ.

Annesser Armenteros, PLLC, and John W. Annesser and Megan Conkey Gonzalez, for appellant. Jason M. Wandner, P.A., and Jason M. Wandner, for appellee.

A party may waive its contractual right to arbitration by participating in litigation concerning an arbitrable issue. See Fine Decorators, Inc. v. Argent Glob. (Bermuda), Ltd., 919 So. 2d 604, 605–06 (Fla. 3d DCA 2006). “Waiver in this connection does not depend on timing of the motion to compel arbitration ․ but rather on the prior taking of an inconsistent position by the party moving therefor.” Ojus Indus., Inc. v. Mann, 221 So. 2d 780, 782 (Fla. 3d DCA 1969).

Affirmed.

PER CURIAM.

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