District Court of Appeal of Florida

In a lawsuit arising out of a construction contract, an order granting plaintiff-contractor's motion to dismiss defendant-owner's counterclaims and determining that plaintiff was entitled to arbitration of the counterclaims is reversed where the trial court erred as a matter of law in finding that the trial court erred as a matter of law in ruling that a "Project Completion Agreement" was a separate agreement from the original construction contract, and that plaintiff did not waive its right to demand arbitration when it instituted the litigation.

Appellate Information

• Decided 11/22/2006
• Published 11/27/2006

Judges

• BARFIELD, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• M. Stephen Turner, P.A., and J. Nels Bjorkquist, of Broad and Cassel, Tallahassee, for Appellant.


• For Appellees:
  
• Hugh M. Davenport, Jacksonville, for Appellee.