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District Court of Appeal of Florida


Inverrary Gardens Condo. I Ass'n, Inc. v. Spender, 4D05-3810

An order granting plaintiff-condominium association manager's motion to compel arbitration of a breach of contract count in her amended complaint against the association is reversed where, despite knowing of her right to arbitrate prior to initiating the suit, plaintiff waived arbitration by actively participating in earlier litigation and taking action inconsistent with a desire to arbitrate.

Appellate Information

  • Decided 10/25/2006
  • Published 10/25/2006

Judges

  • SHAHOOD, J.

Court

  • District Court of Appeal of Florida

Counsel

  • For Appellant:
  • Robin F. Frydman of Law Offices of Robin F. Frydman, Hollywood, for appellant.

  • For Appellees:
  • Caryn Goldenberg Carvo of Carvo & Emery, P.A., Fort Lauderdale, for appellee.
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