Florida/Georgia Personal Injury & Workers Compensation

...1801, 18 L.Ed.2d *283 1270 (1967). It has become known as the "separability" doctrine. John B. Goodman Ltd. P'ship, 321 F.3d at 1095. See also Ronbeck Constr. Co. v. Savanna Club Corp., 592 So.2d 344, 347 (Fla. 4th DCA 1992) (discussing "separability" pursuant to section 682.03 of the Florida Arbitration Code)....

...Indeed all of the grounds for the fraud claims are predicated on events dealing with performance under the original contract, rather than its making. There is no doubt that Florida arbitration law makes an arbitration provision in a contract separate from the rest of the contract. Section 682.03, Florida Statutes (1989), contains several provisions establishing the separable nature of arbitration agreements....

...The latter usage especially covers this precise point: "If the court shall find that a substantial issue is raised as to the making of the agreement or provision, it shall summarily hear and determine the issue and, according to its determination, shall grant or deny the application." [e.s.] See also Section 682.03(4), Florida Statutes (1989)....

...After receiving USF & G's response, the insureds all filed petitions to compel appraisal. [3] When a party refuses to arbitrate a dispute in accordance with the policy's arbitration clause, the other party may bring an action to compel arbitration. See Florida Arbitration Code, § 682.03, Fla....

...The insureds contend that USF & G's insistence upon their compliance with the policy's post-loss obligations before considering appraisal is a refusal to arbitrate so as to mandate appraisal. However, before a court can compel a party to participate in arbitration there must first exist an arbitrable issue. See § 682.03, Fla. Stat. (1995); Phillips v. General Accident Ins. Co. of Am., 685 So.2d 27, 29 (Fla. 3d DCA 1996) (interpreting the Florida Arbitration Code, § 682.03, Fla....

...l courts. Consequently, all statutes that purport to govern the right to appeal are now inoperative. In re Wartman's Estate, 128 So.2d 600 (Fla. 1961). We therefore reject the argument that Section 682.20(1)(a) confers the right to appellate review. Section 682.03(1), Florida Statutes (1979) authorizes a party to an arbitration agreement claiming the neglect or refusal of another party to comply therewith to apply to the circuit court for an order directing the parties to proceed with arbitration....

...NOTES [1] Florida Rule of Appellate Procedure 9.010 provides that these rules "shall take effect at 12:01 a.m. on March 1, 1978." [2] Prior to a court directing the parties to proceed with arbitration the court must be "satisfied that no substantial issue exists as to the making of the agreement or provision ..." § 682.03(1), Fla....

...Nevertheless, after reviewing the Florida Arbitration Code and Florida caselaw, we conclude the result is the same under Florida law. 14 The Florida Arbitration Code is substantially similar to the FAA and the Uniform Arbitration Act. 1 In language similar to that used in the FAA, § 682.03(1) of the Florida Arbitration Code states: "If the court is satisfied that no substantial issue exists as to the making of the agreement or provision [for arbitration], it shall grant the application [directing the parties to proceed with a...

...ny allegation that the arbitration provision itself was fraudulently induced. 592 So.2d at 347 . The court stated: 17 There is no doubt that Florida arbitration law makes an arbitration provision in a contract separate from the rest of the contract. Section 682.03, Florida Statutes (1989), contains several provisions establishing the separable nature of arbitration agreements....

...The latter usage especially covers this precise point: 18 "If the court shall find that a substantial issue is raised as to the making of the agreement or provision, it shall summarily hear and determine the issue and, according to its determination, shall grant or deny the application." [e.s.] 19 See also Section 682.03(4), Florida Statutes (1989)....

...of the agreement to arbitrate. But, rather than schedule an evidentiary hearing, the trial court entered a second order denying the motion to compel arbitration. We reverse because the trial court failed to comply with the procedural requirements of section 682.03(1), Florida Statutes (1981). [4] Speedy resolution of disputes is the raison d'etre of arbitration. Once parties agree to arbitrate, it is essential that they have an easy and quick means to enforce their agreement to arbitrate. [5] Section 682.03(1), Florida Statutes (1981) and 9 U.S.C. § 4 (1970) mirror these concerns and offer a realistic solution in the form of a carefully crafted "abbreviated and summary procedure." Fremont Cake & Meal Co. v. Wilson & Co., 9 F.R.D. 243, 244 (D.Neb. 1949). For example, section 682.03(1) calls for minimal pleadings....

...NOTES [1] Merrill Lynch Pierce Fenner & Smith, Inc. v. Melamed, 405 So.2d 790 (Fla. 4th DCA 1981). [2] 9 U.S.C. §§ 1 to 14 (1970). [3] See also Ultracashmere House, Ltd. v. Meyer, 664 F.2d 1176 (11th Cir.1981). [4] Because state and federal arbitration procedures are virtually identical, compare § 682.03(1), Fla....

...[1] *873 In our view, the very issues Fairways seeks to resolve by litigation must be resolved in arbitration. First, Fairways' suit does not challenge the validity of the contract or its provision for arbitration, but instead, in full recognition of the contract, seeks damages for its breach. The Florida Arbitration Code, Section 682.03(1), Florida Statutes (1981), specifically provides: "A party to an agreement or provision for arbitration subject to this law claiming the neglect or refusal of another party thereto to comply therewith may make application to the cour...

...[3] A stay of judicial proceedings is required when the action involves an issue subject to arbitration, an application for arbitration has been made, and the trial court determines the arbitration decision may have an effect on the litigation. See *395 § 682.03(3), Fla.Stat....

...ased its claim of entitlement to arbitration. [3] It is the assignment of the insured's interest in personal injury protection benefits to medical services providers which authorizes the insurer's demand for arbitration under section 627.736(5). [4] Section 682.03(3), Fla.Stat., provides: (3) Any action or proceeding involving an issue subject to arbitration under this law shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect thereto only....

...(2005) (emphasis supplied). If a *185 dispute arises regarding a party's refusal to comply with an agreement to arbitrate, the court is required to compel arbitration if it "is satisfied that no substantial issue exists as to the making of the agreement or provision." § 682.03(1), Fla....

...[6] Although not binding on our interpretation of the issue under the FAC, Howsam is persuasive because both the FAC and the FAA require the court to compel arbitration if it finds that a valid arbitration agreement exists and are silent on the issue of who should decide statute of limitations issues. See § 682.03(1), Fla....

...Peters of Knight, Peters, Hoeveler, Pickle, Niemoeller & Flynn, and Jeanne Heyward, Miami, for petitioner. John F. Howard of Howard, Camillo & Payne, Fort Lauderdale, for respondents. OVERTON, Justice. The petitioner, Damora, is a New York architect who is seeking to enforce, pursuant to Section 682.03, Florida Statutes, a contract provision requiring arbitration in a foreign jurisdiction, specifically New York City, New York....

...te or federal, having jurisdiction. The decision of the arbitrators shall be a condition precedent to the right of any legal action." [The underlined portion is the addendum.] The petitioner moved to require arbitration pursuant to the provisions of Section 682.03, Florida Statutes, and requested the court to enter an order directing the parties to proceed with arbitration in accordance with the terms and provisions of the contract....

...them relating to such contract or the failure or refusal to perform the whole or any part thereof," and that such an agreement or provision shall be "valid, enforceable and irrevocable without regard to the justiciable character of the controversy." Section 682.03 provides for application to the court for an order directing the parties to proceed with arbitration in accordance with the terms of their agreement therefor, and that if the court is satisfied there is no substantial issue as to the m...

...uling or written order addresses this issue. Moreover, the record on appeal is not sufficiently developed for this court to make a ruling on the validity of the arbitration provision. Accordingly, we remand for further proceedings on this issue. See § 682.03(1), Fla....

...w that if after remand and the filing of defensive pleadings, a controversy between the parties should appear either as to the plaintiff's right to final payment or the amount thereof, an application may be made to the trial court in accordance with Section 682.03(2), F.S. 1971, F.S.A., for an order for arbitration. Normally such an application should be granted. The order *839 for arbitration should stay the judicial proceedings pending a determination of the controversy submitted to arbitration (see Section 682.03(3))....

...PER CURIAM. This cause is before us on petition for a writ of certiorari, seeking review of the trial court's denial of petitioners', Zac Smith & Company, Inc., and Lumbermens Mutual Casualty Company's, motion to stay and compel arbitration, pursuant to Section 682.03, Florida Statutes (1983), of the matters contained in the complaint of respondent, Moonspinner Condominium Association, Inc....

..."Where the contract contains an arbitration clause which is legally enforceable, the general view is that the beneficiary is bound thereby to the same extent that the *1325 promisee is bound." 2 Williston on Contracts (3d ed.) § 364A (1959). [1] We hold that Section 682.03, Florida Statutes (1983), [2] applies to third-party beneficiaries to a contract containing an arbitration clause, such as in the instant case, and subjects the third-party beneficiary to the arbitration agreement....

...As third-party beneficiaries of the agreement, appellants have the same rights with the same limitations as promisee — union, and, since the union could proceed in arbitration, including moving to set aside an arbitration decision, appellants, as employees and beneficiaries, could do likewise. [2] Section 682.03, Florida Statutes, in pertinent part: (1) A party to an agreement or provision for arbitration subject to this law claiming the neglect or refusal of another party thereto to comply therewith may make application to the court for an or...

...1, 103 S.Ct. 927, 74 L.Ed.2d 765 (1983). On remand, the trial court entered a second order denying arbitration. We reviewed this decision in "Melamed II" and quashed the order because the trial court had not held an evidentiary hearing as required by section 682.03(1), Florida Statutes (1983)....

...First Montauk admits that it is a member of the NASD, subject to its by-laws, rules and regulations. Allegations of First Montauk's Amended Complaint On March 16, 1998, First Montauk served its Amended Complaint which requested relief based on the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1 et seq., § 682.03(4) Florida Statutes, and the federal Declaratory Judgment Statute, 28 U.S.C....

...McDaniel filed a claim of mechanic's lien and then instituted an action to foreclose the lien pursuant to Sections 713.01-.37, Florida Statutes (1979). Berhalter responded by filing a motion to compel arbitration pursuant to the Florida Arbitration Code, Section 682.03, Florida Statutes (1979)....

...rbitration award by means of a mechanic's lien. Id. at 839. We also set-out the proper procedure to be followed when a controversy subject to an agreement to arbitrate is before a trial court and a party makes an application to the court pursuant to Section 682.03(2) for an order to compel arbitration. We said: Normally such an application should be granted. The order for arbitration should stay the judicial proceedings pending a determination of the controversy submitted to arbitration (see Section 682.03(3))....

...m the decision of the trial court. At the outset, we note that the illegality and unenforceability of the construction contract-which contained an arbitration provision-was an issue to be decided by the trial court rather than by the arbitrator. See § 682.03(1), Fla....

...1947); In re Kramer & Uchitelle, Inc., 288 N.Y. 467, 43 N.E.2d 493 (1942); Application of Goldmar Hotel Corp., 283 A.D. 935, 130 N.Y.S.2d 615. We conclude, therefore, that Sabates' civil theft claim is properly the subject of arbitration. V. The Stay of Judicial Proceedings Section 682.03(3), Florida Statutes (1981), provides that *519 "Any action or proceeding involving an issue subject to arbitration under this law shall be stayed if an order for arbitration or an application therefor has been made under this section, or, if the issue is severable, the stay may be with respect thereto only ......

...02 proceeding. That order is the subject of an interlocutory appeal in #75-1209, which has been consolidated with the appeal in #75-990 for all appellate purposes. Although the proceeding in the circuit court was the rather summary one authorized by § 682.03 F.S....

...Proceeding in court is precluded by the arbitration provisions and proceeding in arbitration is precluded by Plaintiff's inability to pay the deposit required. The trial court, in effect, determined that the Collyers' inability to pay the agreed costs excused them from the terms of their contract. We reverse. Section 682.03, Florida Statutes, provides in relevant part: A party to an agreement or provision for arbitration subject to this law claiming the neglect or refusal of another party thereto to comply therewith may make application to the court for a...

...ily hear and determine the issue and, according to its determination, shall grant or deny the application. [Emphasis added]. This language has been interpreted to mean: The trial court's role when considering applications to compel arbitration under Section 682.03, Florida Statutes (1987), is limited to determining (1) whether a valid written agreement exists containing an arbitration clause, (2) whether an arbitrable issue exists, and (3) whether the right to arbitrate was waived....

...annot afford the deposit to cover the expenses of arbitrating. In considering the Collyers' financial status and their resulting inability to comply with the arbitration provision, the trial court exceeded the scope of its limited role as defined by section 682.03 and Piercy....

...Vouis, 247 So.2d 733 (Fla. 3d DCA 1971). Petitioner first urges that section 517.241, Florida Statutes (1981) does not contain an express prohibition against arbitration of disputes arising under the Florida Securities Act and that our decision is controlled by section 682.03, Florida Statutes (1981), which provides that arbitration agreements are valid, irrevocable, and enforceable....

...Here, however, the rule is particularly apt because we have a clear statement from the legislative text that the legislature intended to maintain close consonance with federal legislation. To our mind, this specific legislative intent in a particular field of law carries more weight than the general declaration in section 682.03 that arbitration agreements are valid, irrevocable, and enforceable....

...ng from continuing. Following a hearing on the board's complaint, the trial court concluded that no arbitrable issue existed and therefore granted the board's requests. The trial court's role when considering applications to compel arbitration under Section 682.03, Florida Statutes (1987), is limited to determining (1) whether a valid written agreement exists containing an arbitration clause, (2) whether an arbitrable issue exists, and (3) whether the right to arbitrate was waived....

...Mayfair House Ass'n, Inc., 395 So.2d 1171, 1173 (Fla. 4th DCA 1981). The trial court should not, however, delve into the merits of the grievance, because "[a]n order for arbitration shall not be refused on the ground that the *808 claim in issue lacks merit or bona fides." § 682.03(5), Fla....

...If the court shall find that a substantial issue is raised as to the making of the agreement or provision, it shall summarily hear and determine the issue and, according to its determination, shall grant or deny the application. § 682.03(1), Fla. Stat. (2004). We also note that effective July 1, 2013, the Florida Legislature revised section 682.03....

...Trial Court’s Findings that No Arbitration Agreement Exists A trial court’s findings of fact are presumptively correct unless clearly erroneous. See Tobin v. Michigan Mut. Ins. Co., 948 So. 2d 692, 696 (Fla. 2006) (“On appeal, ‘[t]he findings of a trial court are presumptively correct and must § 682.03, Fla....

...The court denied Florida Select's motions. As Florida Select pointed out, arbitration agreements are a favored means of dispute resolution. In order to stay arbitration, a party must raise an issue "as to the making of the agreement," or assert that no agreement exists. See § 682.03(1), (4), Fla. Stat. (1995). When faced with a motion to compel arbitration under section 682.03, a trial court is limited to considering whether (1) the agreement contains a valid arbitration clause, (2) an arbitrable issue exists, and (3) the right to arbitration has been waived....

...Various motions, hearings and amendments finally resulted in settling the pleadings and thereupon a motion was made by the appellant to compel arbitration pursuant to the arbitration clause of the contracts and the provisions of Section 682.02 and 682.03, Florida Statutes (1975)....

...acts, it would be inconsistent with organic law to enforce the arbitration provision contained in the management agreements, notwithstanding the fact that the defendant has properly invoked this Court's jurisdiction to compel arbitration pursuant to Section 682.03, Florida Statutes and notwithstanding the provisions of Section 682.02, Florida Statutes, which provides, inter alia, that an agreement or provision in a contract requiring arbitration shall be valid, enforceable, and irrevocable without regard to the justiciable character of the controversy....

...empting to litigate a matter already pending between the parties in the prior proceedings. As clearly indicated therein, this court construed the action as a collateral attempt to avoid the arbitration clause of the contract. Under the provisions of Section 682.03, Florida Statutes, such an application, if proper at all, should clearly have been asserted in the original action....

...be taxed with O'Brien Imports' attorney's fees because O'Brien Imports obtained a court order compelling arbitration. The arbitration agreement's fee provision also penalizes the Buyers for exercising their rights under the Florida Arbitration Code, section 682.03, to have the court decide certain gateway issues and under section 672.302, Florida Statutes (2000), to have the court determine whether the agreement is unconscionable....

...In other chapters, the Legislature has recognized that arbitration is a proceeding. For example, in the Florida Arbitration Code, set forth in chapter 682, the Legislature refers to arbitration as an “arbitration proceeding” in various provisions. In particular, section 682.03(4) provides as follows: “On application the court may stay an arbitration proceeding commenced or about to be commenced, if it shall find that no agreement or provision for arbitration subject to this law exists between the party making the application and the party causing the arbitration to be had.” § 682.03(4), Fla....

...In ruling on a motion to compel arbitration, there are three elements that the trial court must consider: (1) whether a valid written agreement to arbitrate exists, (2) whether an arbitrable issue exists, and (3) whether the right to arbitration was waived. Seifert v. U.S. Home Corp., 750 So.2d 633, 636 (Fla.1999). Section 682.03(1), Florida Statutes (2003), furnishes a guide to the procedure that the trial court must follow in adjudicating these three elements....

...Without *533 conducting an evidentiary hearing, the trial court granted the motion to compel arbitration based on its review of the contract documents, an affidavit, and the arguments of counsel. Id. The trial court in Proper was able to comply with section 682.03(1) by summarily hearing the issue and determining that the arbitration clause had been incorporated into the contract based on the contract itself....

...itrate, should go forward. [1] *1214 Commercial, contending that all trial court proceedings should be stayed pending arbitration of the dispute between it and Fairways, seeks review of that order. [2] Commercial maintains that a stay is required by Section 682.03(3), Florida Statutes (1981)....

...829, 104 N.Y.S.2d 297 (1951); Cold Wave Cooling Corp. v. Famous Jerome, Inc., 141 N.Y.S.2d 898 (N.Y. Sup. Ct. 1955). Fairways argues that Schulman Investment Co. v. Olin Corp., 458 F. Supp. 186 (S.D.N.Y. 1978), decided under the Federal Arbitration Code's counterpart to Section 682.03(3), [3] requires that any stay of trial proceedings be limited to the arbitrating parties....

...pon the issue between Fairways and the design engineer. Thus, the arbitrable issue, although not severable from the issue in the action against Commercial's subcontractors, is severable from the issue in the action against the design engineer. Since Section 682.03(3) expressly provides that "if the issue is severable, the stay may be with respect thereto only," no stay was required of the litigation between Fairways and the design engineer....

...1969), 218 So.2d 761, and Chastain v. Embry (Fla.App. 1960), 118 So.2d 33. [2] See, Chapter 682, Fla. Stat. 1971, F.S.A. Section 682.20 thereof provides as follows: "Appeals. — (1) An appeal may be taken from: (a) An order denying an application to compel arbitration made under § 682.03; (b) An order granting an application to stay arbitration made under § 682.03(2)-(4); (c) An order confirming or denying confirmation of an award; (d) An order modifying or correcting an award; (e) An order vacating an award without directing a rehearing; or (f) A judgment or decree entered pursuant to the provisions of this law....

...Thereupon, Butcher & Singer sued Frisch for breach of contract. Frisch moved to dismiss the complaint on the ground that Butcher & Singer failed to comply with the arbitration provisions of the contracts. Although Frisch's motion is not the usual motion to compel arbitration pursuant to Section 682.03(1), Florida Statutes (1981), the substance of the appellee's pleading is based upon the contractual right to arbitration....

...ordance with the Florida Arbitration Code. Mills v. Robert W. Gottfried, Inc., 272 So.2d 837 (Fla. 4th DCA 1973). Any party to a construction contract subject to the Arbitration Code may apply to the circuit court for an order to compel arbitration. Section 682.03, Florida Statutes (1977)....

...en waived. Bigge Crane and Rigging Co. v. Docutel Corporation, 371 F. Supp. 240 (E.D.N.Y. 1973). Any action or proceeding involving an issue subject to arbitration should be stayed if an order for arbitration or an application thereof has been made. Section 682.03(3), Florida Statutes (1977)....

...onducted the hearing, contrary to the provisions of § 682.06, as to prejudice substantially the rights of a party; or (e) There was no agreement or provision for arbitration subject to this law, unless the matter was determined in proceedings under § 682.03 and unless the party participated in the arbitration hearing without raising the objection; But the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing t...

...acter of the controversy.” Id. ‘Where there is a dispute between the parties to a contract concerning the propriety of arbitration, the proper remedy is for a party to apply to the court for an order compelling or staying arbitration pursuant to section 682.03, Florida Statutes (1999).” Hospitality Ventures of Coral Springs, L.C....

...ant the application. If the court shall find that a substantial issue is raised as to the making of the agreement or provision, it shall summarily hear and determine the issue and, according to its determination, shall grant or deny the application. § 682.03(1), Fla....

...tire section on mediation and arbitration crossed out. The crossed out section was, moreover, initialed by each of the parties. A month later Infinity filed a complaint in circuit court seeking a stay of the arbitration proceeding in accordance with section 682.03(4), Florida Statutes (2006)....

...Operis claimed that because Doral was aware of the alleged contract and its contents, Doral waived any right to compel arbitration by answering Operis' complaint and actively participating in the litigation. These issues must be resolved by the trial court. WHETHER A VALID AGREEMENT TO ARBITRATE EXISTS Section 682.03(1), Florida Statutes, (2006), states: "If the court shall find that a substantial issue is raised as to the making of the agreement or provision [to arbitrate], it shall summarily hear and determine the issue and, according to its dete...

...refore there was no contract provision for arbitration of Mirth's claim for damages for personal injuries against (insured) Purcell, the plaintiff sought a temporary and permanent injunction to stay the arbitration, as authorized and provided for by § 682.03(4) Fla....

...rcell automobile was insured. See Manning v. Travelers Insurance Co., Fla. 1971, 250 So.2d 872; Jimenez v. Liberty Mutual Insurance Co., Fla.App. 1973, 270 So.2d 406. An application for a stay of arbitration was properly presented to the court under § 682.03(4) Fla....

...App. 1968, 207 So.2d 73, 75. Precluding the judgment for the defendant on the pleadings was the plaintiff's allegation, to be taken as true, that Gateway was adjudged insolvent approximately two years after the date of the accident. As provided for in § 682.03(4) Fla....

...The court then explained that section 501.2105 provides for prevailing party attorney's fees for FDUTPA violations. By contrast, [T]he attorney's fee provision in the arbitration agreement... also penalizes the Buyers for exercising their rights under the Florida Arbitration Code, section 682.03, ......

...ad addressed the arbitration issues in his "pleadings." The attorney responded: "Is there a requirement that I have to, Judge? Because I don't see any case law that says that." Moments later, the trial court granted the motion to compel arbitration. Section 682.03(1), Florida Statutes (2005), governs proceedings to compel arbitration....

...The question presented in this case is the procedure for deciding whether "a substantial issue is raised" as to the making of the agreement. The statute does not require the filing of a pleading before the court makes this preliminary determination; rather section 682.03(1) contemplates an "abbreviated and summary procedure" for raising issues, akin to the small claims rules, which allow a defendant to raise issues at a preliminary hearing, without the necessity of written pretrial motions or defensive pleadings....

...Melamed, 425 So.2d at 128; see Fla. Sm. Cl. R. 7.090(b) & (c), 7.135 (allowing court to enter "appropriate order or judgment" if it appears at the pretrial conference that "there is no triable issue"). Because "[s]peedy resolution of disputes is the raison d'etre of arbitration," section 682.03(1) contemplates "an easy and quick means to enforce" an arbitration agreement. Melamed, 425 So.2d at 128. Examination of the case law reveals four ways that parties might demonstrate to a court that a disputed issue exists "as to the making of the agreement" within the meaning of section 682.03(1):(1) arguments of counsel at a hearing, see Houchins v....

...834, 130 L.Ed.2d 753 (1995) (concluding that Congress intended to exercise its full Commerce Clause power when it passed the Federal Arbitration Act), it is unnecessary for us to address this issue because, for purposes of this appeal, the relevant provisions of the two acts (i.e., section 682.03(1), Florida Statutes (2005), and title 9, section 4, United States Code (2000)) "are virtually identical." See Merrill Lynch Pierce Fenner & Smith, Inc....

...5th DCA 1998) ("judicial interpretation of Florida statutes is a purely legal matter and therefore subject to de novo review"); Dep't of State v. Martin, 885 So.2d 453, 456 (Fla. 1st DCA 2004) (same, citing Racetrac Petroleum ), affirmed, 916 So.2d 763 (Fla.2005). Section 682.03(1) of the Florida Arbitration Code reads: A party to an agreement or provision for arbitration subject to this law claiming the neglect or refusal of another party thereto to comply therewith may make application to the court for an or...

...ocument, which he never saw, supposedly incorporated by reference into the contract). We find these federal and state decisions persuasive given the substantial nature of the factual dispute created by Rowe's affidavit. It is clear that, pursuant to section 682.03(1) of the Florida Arbitration Code, when a factual dispute such as that in this case exists, upon request, the trial court must hold an expedited evidentiary hearing and determine whether a *542 valid agreement to arbitrate exists....

...Zisser of Zisser, Robison, Spohrer, Wilner & Harris, P.A., Jacksonville, for respondent. ROBERT P. SMITH, Jr., Chief Judge. Lipton's petition for writ of certiorari is the proper vehicle for obtaining review of an interlocutory circuit court order denying Lipton's application, section 682.03, Florida Statutes (1981), "for an order directing the parties to proceed with arbitration......

...on in the City of Miami, County of Dade, State of Florida, in accordance with the rules then obtaining of the American Arbitration Association, and judgment upon the award rendered may be entered in any Court having jurisdiction thereof." Fla. Stat. § 682.03(4), F.S.A., states: "On application the court may stay an arbitration proceeding commenced or about to be commenced, if it shall find that no agreement or provision for arbitration subject to this law exists between the party making the application and the party causing the arbitration to be had....

...rs, and, therefore, appellees would not be entitled to recover under the uninsured motorist section of the policy issued by appellant. Appellees answered appellant's complaint and filed a "counter-complaint" seeking to compel arbitration pursuant to section 682.03(1), Florida Statutes, and a provision in the policy providing for arbitration. Appellant moved to dismiss the counter-complaint. After a hearing, the court denied appellant's motion but determined that it would consider appellees' counter-complaint as an application for an order compelling arbitration pursuant to section 682.03, and granted that application....

...an evidentiary hearing. He points out that the relief requested was only his motion for default and PRC's motion for stay pending resolution by the arbitration panel. Epstein's complaint sought only a stay of the arbitration proceedings pursuant to section 682.03(4), Florida Statutes (2003)....

...arty making the application and the party causing the arbitration to be had. The court shall summarily hear and determine the issue of the making of the agreement or provision and, according to its determination, shall grant or deny the application. § 682.03(4), Fla....

...This appeal timely followed. The courts of this state have repeatedly approved arbitration clauses, giving effect to the letter and purpose of the Florida Arbitration Code, Sections 682.01-22, Florida Statutes (1977). The trial court was required under Section 682.03 to grant an application for an order compelling arbitration in Morton Z....

...Mintz, 724 So.2d 1254 (Fla. 4th DCA 1999), we held that where a party opposing arbitration asserts that the arbitration agreement is unenforceable, the trial court errs in deciding the motion before making a determination as to whether a valid arbitration agreement exists. Section 682.03(1), Florida Statutes provides: A party to an agreement or provision for arbitration subject to this law claiming the neglect or refusal of another party thereto to comply therewith may make application to the court for an order directing the parties to proceed with arbitration in accordance with the terms thereof....

...agreement or the failure, neglect, or refusal to perform the same, the court is mandated to `summarily hear and determine the issue. . . .' In our view, the latter requirement contemplates an expedited evidentiary hearing." 425 So.2d at 129 (quoting section 682.03(1), Fla....

...ereof in favor of arbitration, rather than against it. See Moses H. Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1, 103 S.Ct. 927, 74 L.Ed.2d 765 (1983). Turning now to the issue of a dismissal versus a stay, we initially note that section 682.03(3), Florida Statutes (1995), provides as follows: Any action or proceeding involving an issue subject to arbitration under this law shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect thereto only....

...nt of an arbitration clause. Florida Keys Elec. Coop. Ass'n. v. A & G Blaton of Fla., Inc., 574 So.2d 1225 (Fla. 3d DCA 1991). We think, however, the better view is to treat the motion as a motion to stay and grant it pursuant to sections 682.02 and 682.03....

...provides not only for arbitration between contracting parties where mutually agreed to as a part of their contractual obligations but likewise sets forth a comprehensive pattern of procedure for carrying out and enforcing such arbitration. See F.S., § 682.03 F.S.A....

...Rather, it merely states that Tremarco agrees to "provide" a Firestone warranty. We are unable to find anywhere in the Tremarco contract words remotely indicating an intention that the owner and Tremarco agree, between themselves, to be bound by the Firestone warranty and its arbitration provision. Section 682.03, Florida Statutes (1997), states that: "A party to an agreement or provision for arbitration subject to this law claiming the neglect or refusal of another party thereto to comply therewith may make application to the court for an orde...

...BDO Seidman, LLP v. Bee, 970 So.2d 869, 873-74 (Fla. 4th DCA 2007) (citing Fonte v. AT & T Wireless Servs., Inc., 903 So.2d 1019, 1023 (Fla. 4th DCA 2005)). Chapter 682, Florida Statutes (2010), governs arbitration in commercial contract cases. Section 682.03 provides that once a party has filed a motion to compel arbitration, If the court is satisfied that no substantial issue exists as to the making of the agreement or provision, it shall grant the application. If the court shall find that a substantial issue is raised as to the making of the agreement or provision, it shall summarily hear and determine the issue and, according to its determination, shall grant or deny the application. § 682.03(1), Fla....

...l relationship. We hold it was error for the trial court to compel arbitration before it determined as a factual matter whether the parties intended to continue to be bound by the arbitration clause after the written contracts terminated. Fla. Stat. § 682.03(1) (1989); Calloway Homes, Inc....

...the complaint. Unless, following remand of the cause, it shall be made to appear that the alleged agreement or provision for arbitration does not exist in the policy, the plaintiff's motion to compel arbitration should be granted, as provided for in § 682.03 Fla....

...this law shall not apply...." Upon application by a party to compel compliance with an arbitration provision, the court shall grant the application if it "is satisfied that no substantial issue exists as to the making of the agreement or provision." § 682.03....

....1 stating that if the parties cannot agree on a forum for mediation or arbitration, the forum shall be Indianapolis, Indiana. This term, requiring arbitration in Indianapolis under certain conditions, is not enforceable by a trial court pursuant to section 682.03 of the Florida Arbitration Code because it calls for arbitration in a foreign jurisdiction....

...of a valid contract. Because we agree with Jalis that the trial court was required to determine whether the parties had a valid arbitration agreement before ruling on the motion to compel arbitration, we reverse. Under the Florida Arbitration Code, section 682.03(1), Florida Statutes (1997), when the party opposing arbitration disputes the existence or validity of an agreement to arbitrate, the trial court is to resolve that *1255 question as part of the ruling on the motion to compel arbitration....

...The arbitration agreement that Avatar Properties seeks to enforce requires nonbinding arbitration. The provisions in the arbitration code, chapter 682, Florida Statutes (2009), seem designed to apply to binding arbitration. This is not a case where the trial court can enter an order compelling arbitration pursuant to section 682.03 and then wait to see whether it will be called upon to confirm the binding decision pursuant to section 682.12....

...se) for determination, which shall be binding on the parties, with the fees and costs of such accounting firm to be paid one-half by [Westinghouse] and one-half by [Gale]. (emphasis supplied). In considering motions to compel arbitration pursuant to section 682.03, Florida Statutes (1993), the trial court is limited to determining the following: (1) whether the parties entered into a valid written agreement to submit to arbitration; (2) whether an *663 arbitrable issue exists; and, (3) whether t...

...ant the application. If the court shall find that a substantial issue is raised as to the making of the agreement or provision, it shall summarily hear and determine the issue and, according to its determination, shall grant or deny the application. § 682.03(1), Fla. Stat. (2012) (emphasis added). 4 We have previously indicated that “[t]he clear wording of [section 682.03(1) ] requires the trial court to conduct a hearing on a party’s motion to compel when there is a ‘substantial issue’ regarding the making of the arbitration agreement.” Crystal Motor Car Co....

...to this contract as agents for a corporate principal (citing Landis, 829 So.2d at 326; Producers Fertilizer Co. v. Holder, 208 So.2d 492, 494 (Fla. 2d DCA 1968))). Accordingly, the lower court should have conducted an evidentiary hearing pursuant to section 682.03(1), Florida Statutes (2012), to resolve one of two factual issues: (1)whether Resident assented to the arbitration agreement in the absence of her signature; or (2) whether Husband had authority to sign on Resident’s behalf....

...Resident’s name, May Robinson, does not appear on the agreement. . During the pendency of this appeal, the Florida Arbitration Act was extensively revised and is now known as the Revised Florida Arbitration Act. Ch. 2013-232, § 8, Laws of Fla. (eff. July 1, 2013). The plain language of section 682.03 no longer contains the term “hear.” Compare § 682.03(1), Fla. Stat. (2012) ("[The court] shall summarily hear and determine the issue ....”), with § 682.03(l)(b), Fla....

...lies prospectively. See § 682.013(3), Fla. Stat. (2013) ("The Revised Florida Arbitration Code does not affect an action or proceeding commenced or right accrued before July 1, 2013.”). Therefore, in this appeal, we follow the pre-2013 version of section 682.03, which contained the term "hear” and was in effect when this suit was initiated. We do not reach the issue of whether the omission of the term "hear" in section 682.03, Florida Statutes (2013), obviates the requirement of an eviden-tiary hearing.

...Arbitration agreements "shall be valid, enforceable, and irrevocable without regard to the justiciable character of the controversy." § 682.02. To stay arbitration, a party must raise an issue "as to the making of the [arbitration] agreement" or assert that no agreement for arbitration exists. §§ 682.03(1) and (4). Furthermore, "[a]n order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides." § 682.03(5). "`The trial court's role when considering applications to compel arbitration under Section 682.03, Florida Statutes (1987), is limited to determining (1) whether a valid written agreement exists containing an arbitration clause, (2) whether an arbitrable issue exists, and (3) whether the right to arbitrate was waived.'" North Am....

...Third, we hold that where, as here, there appears to be a bona fide dispute as to which documents constitute the parties' contract, the trial court's jurisdiction may be invoked to settle this dispute before arbitration can proceed. This precise issue appears to be one of first impression, and our view requires elaboration. Section 682.03, Florida Statutes (1987), states that a court shall summarily hear and determine a substantial issue "raised as to the making of the agreement or provision." There is little doubt that if Bauer were challenging the existence of the arb...

...Secondary replies that there was no reliance by Soler on anything Secondary said or did. Obviously this is a factual dispute for the arbitrator to decide. The Arbitration Code is clear. The only question for the trial court is whether the parties made an arbitration agreement which covered this controversy. See § 682.03(1), (4), Fla....

...nt of an arbitration clause. Florida Keys Elec. Coop. Ass'n. v. A & G Blaton of Fla., Inc., 574 So.2d 1225 (Fla. 3d DCA 1991). We think, however, the better view is to treat the motion as a motion to stay and grant it pursuant to sections 682.02 and 682.03." 677 So.2d at 107. Section 682.03(3) is part of the Florida Arbitration Code and provides that: "Any action or proceeding involving an issue subject to arbitration under this law shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include such stay." *392 § 682.03(3), Fla....

...institution of court litigation, a party to a dispute shall [e.s.] petition ... for nonbinding arbitration." Our opinion in Blum did not explain why, in light of these provisions in section 718.1255 and the absence of a stay provision comparable to section 682.03, an unauthorized filing in court without prior arbitration should not be dismissed....

...nducted the hearing, contrary to the provisions of § 682.06, as to prejudice substantially the rights of a party; or "(e) There was no agreement or provision for arbitration subject to this law, unless the matter was determined in proceedings under § 682.03 and unless the party participated in the arbitration hearing without raising the objection."

...Gay Mechanical Contractor, Inc. v. Wharfside Two, Ltd., 545 So.2d 1348 (Fla. 1989). The appellant contends that according to Merril Lynch, Pierce, Fenner & Smith, Inc. v. Melamed, 425 So.2d 127 (Fla. 4th DCA 1982), petition for review denied, 433 So.2d 519 (Fla. 1983), and section 682.03(1), Florida Statutes (1987), a trial court is required to conduct a full evidentiary hearing to determine whether there was an agreement to arbitrate before granting or denying a motion for an order compelling arbitration. He argues that the trial court in this case abused its discretion in neglecting to find that a dispute between the parties existed as to the making of an agreement to arbitrate and in denying his request for an evidentiary hearing on the issue. Section 682.03(1) states that a trial court, upon finding that a substantial issue is raised as to the making of an agreement or provision concerning arbitration, shall "summarily hear and determine the issue and, according to its determination, shal...

...9  C. Evidentiary Hearing The Revised Florida Arbitration Code authorizes the trial court “summarily to decide” a motion to compel arbitration “unless it finds that there is no enforceable agreement to arbitrate.” § 682.03(1)(b), Fla....

...ract is bound by an arbitration clause in that contract. See Zac Smith & Co. v. Moonspinner Condominium Ass'n, 472 So.2d 1324, 1325 (Fla. 1st DCA 1985) (citing 2 Williston on Contracts, § 364A (3d ed. 1959)). The Zac Smith court also explained that section 682.03, Florida Statutes (1983), which authorizes the filing of a motion to compel arbitration, extends to third-party beneficiaries to a contract containing an arbitration clause....

...Sachs filed a complaint against the Florida Education Association (FEA), alleging breach of a 1977 contract. FEA answered the complaint and filed a counterclaim, which was submitted to arbitration, but after Sach's complaint was dismissed for failure to prosecute, FEA, relying on section 682.03(4), Florida Statutes (1991), [1] moved to stay the arbitration proceeding....

...The district court reversed, holding that the existence of a valid contract is an issue for the court to determine, whereas the issue of waiver is a question for arbitration. In seeking review, FEA relies upon the opinion in Calloway Homes, Inc. v. Smiley, *30 422 So.2d 49 (Fla. 4th DCA 1982), which interprets section 682.03(4) as requiring the trial court to determine whether a substantial issue has arisen as to the termination of a prior contractual provision for arbitration, and if such issue is found to exist, then to resolve it summarily. Calloway held that a trial court, pursuant to section 682.03(4), has a duty to resolve any substantial issues relative to whether there has been a termination of contractual provisions for arbitration, a resolution consistent with this Court's opinion in Klosters Rederi A/S v....

...we remand for proceedings consistent with this opinion. It is so ordered. OVERTON, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur. GRIMES, C.J., concurs with an opinion, in which OVERTON, J., concurs. GRIMES, Chief Justice, concurring. I cannot read section 682.03(4), Florida Statutes (1991), as authorizing the court to determine whether parties to an existing arbitration agreement have waived their right to arbitration by virtue of their subsequent conduct. Subsection (4) of section 682.03 as well as subsection (1) of the same statute each grant the court the authority to determine the issue of "the making of the agreement or provision." The statute says nothing about determining whether there has been a waiver of an existing arbitration agreement by subsequent conduct....

...4th DCA 1981) ( "Melamed I" ), remanded for further proceedings, 425 So.2d 127 (Fla. 4th DCA 1982) ( "Melamed II" ), to be controlling but for reasons stated herein we decline to grant the writ of certiorari. Melamed sets forth the procedure for applying Section 682.03(1), Florida Statutes (1981), to determine whether a controversy should be arbitrated or litigated....

...r. Generally, before a right to compel arbitration arises, the petitioners must establish that there was a written agreement containing an arbitration clause, the existence of an arbitrable issue, and that the right to arbitrate has not been waived. § 682.03, Fla....

...remanded for a determination on the merits of the plaintiff's claim that the agreement to arbitrate was itself fraudulently induced. [5] BOOTH and SHIVERS, JJ., concur. NOTES [1] Defendants' (appellants) motion was made "pursuant to Florida Statute § 682.03(1), Florida case law, and applicable federal law." The petition here asserts "Chapter 682 is not applicable because the agreement incorporates Ohio law, but it should have been held enforceable under federal law," citing Lipton Professional Soccer, Inc....

...d which are subject to the Federal Arbitration Act are severable, and fraud in the inducement of the principal agreement does not taint the arbitration clause, so that a question of fraudulent inducement is arbitrable." Anno. 11 A.L.R. 4th 774. Cf., § 682.03, Florida Statutes: "If the court shall find that a substantial issue is raised as to the making of the [arbitration] provision, it shall summarily hear and determine the issue and ......

...For the reason stated, certiorari is granted and the order is quashed with directions to the trial court to issue an order directing the parties to proceed with arbitration pursuant to the terms of their agreement and staying the legal proceeding pending arbitration, pursuant to Section 682.03(3), Florida Statutes (1967)....

...ief and should be made by the courts. See also Tavares v. Allstate Ins. Co., 342 So.2d 551 (Fla.3d DCA 1977). Therefore, in the instant case, the trial court should have granted appellant's motion to enjoin the arbitration proceedings. See generally Section 682.03(4), Florida Statutes (1975)....

...It claims that this motion should have been filed in the pending Dade County action. We disagree. Poole invoked the Hillsborough County Circuit Court's jurisdiction when it filed its action for declaratory relief. Although that action did not expressly describe itself as an application to stay arbitration pursuant to section 682.03(4), Florida Statutes (1997), it is clear that it constituted such an application....

...These Appellants were not parties to the contract, precluding application of the arbitration provision to them, notwithstanding that other counts remain pending in this case against them; leaving arbitration applicable only to Sun City Diner and Sun City International. Section 682.03(3), Florida Statutes, requires that any proceeding involving an issue subject to arbitration shall be stayed pending arbitration....

...The Florida Arbitration Code provides, in part, "Any action or proceeding involving an issue subject to arbitration under this law shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect thereto only." § 682.03(3), Fla....

...tain jurisdiction over this cause to enforce the rulings of the arbitration panel. [4] The Code itself contains a number of provisions designed to assure that claims will not be submitted to arbitration unless the parties have agreed to do so. See §§ 682.03; 682.13(1)(e), (3); 682.14(1)(b), Fla....

...Apparently because the general contractor did not neglect to or refuse to comply with the provision for arbitration, the subcontractor did not need to, and therefore did not, "make application to the court for an order directing the parties to proceed with arbitration" as permitted under section 682.03(1), Florida Statutes....

...h the subcontractor to arbitrate what is essentially the same claim. By filing action on the bond, the subcontractor neither waived its contractual right to arbitrate its controversy with the contractor, nor did it make any election of remedies. [2] Section 682.03(3), Florida Statutes, is inapplicable to this litigation for several reasons, including the fact that no order for arbitration or application for such order was made in this case, which is a clear condition precedent to the application of that statute....

...at 939, the court went further and said that although a party may not be entitled to a stay as a matter of law, the court may grant a discretionary stay of reasonable duration if appropriate. That same court held that the comparable Florida statute, Fla.Stat. § 682.03(3), requiring courts to stay a lawsuit that involves same issue as one sought to be arbitrated, does not require parties to be identical in both proceedings so long as the same issue is determinable....

...The trial court also treated the arguments advanced by the insurer as a motion to dismiss and dismissed the action for declaratory judgment. When faced with a claim for arbitration, a trial court is to consider three main issues: "The trial court's role when considering applications to compel arbitration under Section 682.03, Florida Statutes (1987), is limited to determining (1) whether a valid written agreement exists containing an arbitration clause, (2) whether an arbitrable issue exists, and (3) whether the right to arbitrate was waived." Chicago Ins....

...Instead of knowingly proceeding with an ex parte arbitration, it would have been appropriate for the Tarrs to file an application to compel arbitration with the court to resolve the dispute as to whether Chicago is obligated to submit to arbitration. See §§ 682.03, 682.17, Fla....

...Spinks, 574 So.2d 169 (Fla. 4th DCA 1990), rev. denied, 583 So.2d 1037 (Fla. 1991); Cooper, 266 So.2d at 183; see also 4 Fla.Jur.2d Arbitration and Award §§ 43-50 (1994). "The trial court's role when considering applications to compel arbitration under Section 682.03, Florida Statutes (1987), is limited to determining (1) whether a valid written agreement exists containing an arbitration clause, (2) whether an arbitrable issue exists, and (3) whether the right to arbitrate was waived." Piercy v....

...e 9.130(a)(3)(C)(iv). Jurisdiction to review the order is invoked by filing a notice of appeal "within 30 days of rendition of the order to be reviewed." Fla. R.App. P. 9.130(b). Florida law does not authorize multiple motions to compel arbitration. Section 682.03(1), Florida Statutes (2005), authorizes an "application to the court" to proceed with arbitration, not applications....

...It contends that the trial court should have assumed the truth of its complaint, which alleged the existence of a contract and an addendum. It urges that if there was a substantial issue as to the making of the contract or the addendum, the trial court was required by section 682.03(1), Florida Statutes (1989), to summarily hear and determine the issue and, according to its determination, *99 grant or deny its request for arbitration....

...ract or the addendum constituted that contract. The court decided that as a practical matter it should determine the issue because if the arbitration panel were to find there was in fact no contract, the case would be sent back to the circuit court. Section 682.03(1) provides as follows: A party to an agreement or provision for arbitration subject to this law claiming the neglect or refusal of another party thereto to comply therewith may make application to the court for an order directing the parties to proceed with arbitration in accordance with the terms thereof....

...The Fourth District reversed, finding that the refusal of Melamed's counsel to stipulate to the authenticity of the agreement to arbitrate was sufficient to indicate that there was a dispute about the making of the agreement, thus triggering the requirement of section 682.03(1) that the trial court conduct a full evidentiary hearing on the issue. The Fourth District noted in defense of the trial judge that neither party had advised him of the mandatory language of section 682.03(1). See also Calloway Homes, Inc. v. Smiley, 422 So.2d 49 (Fla. 4th DCA 1982). In the instant case, it is clear from the transcript of the hearing on Acumen's motion that, as in Melamed, neither party advised the trial judge of the requirements of section 682.03(1). We have no doubt, however, that the course of action the trial judge took reflects his intent to comply with the spirit of section 682.03(1) and hold an evidentiary hearing on the issue of the *100 existence of the contract to arbitrate. The trial judge's statement that whether a contract existed between the parties would have to be determined reveals that a substantial issue regarding the making of an agreement or provision to arbitrate, as contemplated by section 682.03(1), was raised....

...denied, 717 So.2d 532 (Fla.1998) (citation omitted). Where there is a dispute between the parties to a contract concerning the propriety of arbitration, the proper remedy is for a party to apply to the court for an order compelling or staying arbitration pursuant to section 682.03, Florida Statutes (1999). The only proper parties to a lawsuit under section 682.03 to determine the propriety of arbitration are the parties to the arbitration agreement, not the potential arbitrators....

...r were little more than perfunctory, in the absence of circumstances or equitable considerations for which the agreement for arbitration could be held to be inoperative, of which none appeared. This is so because of the provisions of §§ 682.02 and 682.03(1) Fla....

...aimed breach of the lease based on contentions or grounds which were disputed and which were to be arbitrated. The arbitration statute provides that litigation on disputes which have been agreed to be arbitrated should be stayed pending arbitration. § 682.03(3) Fla....

...nducted the hearing, contrary to the provisions of § 682.06, as to prejudice substantially the rights of a party; or "(e) There was no agreement or provision for arbitration subject to this law, unless the matter was determined in proceedings under § 682.03 and unless the party participated in the arbitration hearing without raising the objection; "But the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing...

...hat the insurer admitted coverage in the amount of $30,000 and had never denied it. This motion was denied and this appeal ensued. The insurer has a right under its contract to arbitration and promptly moved to compel it pursuant to Florida Statutes § 682.03 (1969), F.S.A....

...The Orthopedic Center also seeks to prevent the termination of the management agreement. Because of the ex parte Alabama injunction still in effect, the AAA has been unable to proceed with the arbitration. II. Legal Analysis A. Motion to Compel Arbitration Plaintiff moves for arbitration pursuant to 9 U.S.C. § 4 3 and Section 682.03(1) of the Florida Statutes....

...resolve a dispute is challenged”). This conclusion also is warranted under Florida law. 8 See Hospitality Ventures v. American Arbitration Ass’n, 755 So.2d 159, 160 (Fla. 4th DCA 2000) (noting that “[t]he only proper parties to a lawsuit under section 682.03 to determine the propriety of arbitration are the parties to the arbitration agreement, not the potential arbitrators....

...MedPartners’ Federal Action Against the Orthopedic Center Plaintiff also asks this Court to dismiss MedPartners’ federal suit against the Orthopedic Center because its claims for “fraud” and “breach of contract” are subject to arbitration under 9 U.S.C. § 3 and section 682.03(3) of the Florida Statutes....

...ld contravene most federal law on this issue — that Alabama courts allow injunctions against the AAA in situations such as the one presented here. . MedPartners disputes this authority by claiming that the Hospitality Ventures case applies only to section 682.03 of the Florida Statutes. However, this section is "similar to section 2 of the Uniform Arbitration Act,” see Fla.Stat.Ann. § 682.03 (comment), which in turn is patterned on the Federal Act....

...The Board did not allege irreparable injury or make a showing that irreparable injury would occur should the injunctive relief not be granted. Further, the Board invoked the jurisdiction of the court pursuant to Chapter 682, the Florida Arbitration Code, and Chapter 86, the Declaratory Judgment Act. Section 682.03(4), Florida Statutes, states the circumstances under which a court may stay arbitration proceedings: "(4) On application the court may stay an arbitration proceeding commenced or about to be commenced if it shall find that no agreement or provision for arbitration subject to this law exists between the .....

...2d DCA 1981); Sun Insurance Office, Ltd. v. Phillips, 230 So.2d 17 (Fla. 2d DCA 1970). In fact, in Balboa Insurance we even pointed out that a party could waive its right to arbitration if it actively participated in the lawsuit. The Florida Arbitration Code, section 682.03(1), Florida Statutes (1981), specifically provides: A party to an agreement or provision for arbitration subject to this law claiming the neglect or refusal of another party thereto to comply therewith may make application to the court...

...However, due to the posture of this case and the fact that the matters that are the subject of this appeal all arise out of the same nonfinal order, we quash that portion of the order denying the motion to abate and, on remand, direct that that motion be reconsidered in light of this opinion and section 682.03(3), Florida Statutes (1991)....

...ntract by failing to cause copies of the contract to be printed and distributed in accordance with its terms and sought compensatory damages. In Count II, an application was made for an order compelling the Board to submit to arbitration pursuant to Section 682.03, Florida Statutes (1975)....

...ts have generally treated appraisal clauses as "narrowly restricted" arbitration provisions. United States Fidelity & Guaranty Co. v. Romay, 744 So.2d 467, 469 (Fla. 3d DCA 1999). For example, Florida courts have repeatedly utilized Florida Statutes § 682.03 as a basis to compel appraisals....

...Next we must consider whether that grant of discovery was permissible after arbitration had been compelled. Any proceedings involving an issue subject to arbitration under the Florida Arbitration Code must be stayed when the order for arbitration is made. § 682.03(3) Fla....

...ta has no interest in the crops. Okeelanta filed a motion to stay the judicial proceedings pending arbitration with the Growers, which the trial court denied without explanation. Okeelanta filed a timely petition for certiorari review of that order. Section 682.03(3), Florida Statutes (1997), requires the court to stay "[a]ny action or proceeding involving an issue subject to arbitration." "The statute does not require the parties be identical in both proceedings so long as the same issues are determinable." 425 Florida, Inc....

...The rules issued by the Department apply to the conduct of arbitration matters. They do not purport to solve the problem we have here, where only two counts of a five-count complaint are subject to nonbinding arbitration before the Department. For a resolution of this matter, we turn to the Florida Arbitration Code. Section 682.03(3), Florida Statutes (1995), provides as follows: (3) Any action or proceeding involving an issue subject to arbitration under this law shall be stayed if an order for arbitration or an application therefor has been made under this sec...

...Gisclar of Wilkes & McHugh, P.A., Tampa, for Appellee. LaROSE, Judge.  Greenbrook NH, LLC, et al. (Greenbrook), appeals the trial court's nonfinal order denying its motion to dismiss and compel arbitration and motion to stay proceedings. See § 682.03, Fla .Stat....

...Its order has been appealed to this court [1] and petitioner has sought to consolidate that case in this court with this certiorari proceeding. This proceeding involves the order of the trial court which denied a stay of the lawsuit while arbitration was being determined and handled. Section 682.03(3), Florida Statutes (1985) requires a court to stay a lawsuit which involves the same issue as ones sought to be arbitrated....

...Either during or prior to the commencement of the arbitration proceedings, a party may apply to the circuit court for a stay on the ground that "no agreement or provision for arbitration ... exists between the party making the application and the party causing the arbitration to be had." Section 682.03(4), Florida Statutes (1981). Alternatively, a party may apply to the circuit court to vacate an arbitration award when "[t]here was no agreement or provision for arbitration ... unless the matter was determined in proceedings under section 682.03 and unless the party participated in the arbitration hearing without raising the objection." Section 682.13(1)(e), Florida Statutes (1981)....

...Koch was admittedly familiar, plainly listed the corporation and three individuals (including Koch) as defendants. Second, a proposed arbitrator recognized that Mr. Koch was a defendant and expressly disqualified himself on that basis. Third, Mr. Koch failed to avail himself of the stay provision in section 682.03(4), Florida Statutes (1981)....

...[1] Anderson-Parrish claims the court erred, because the city's third-party complaint was based on its contract, which included the compulsory arbitration provision. Therefore, it had a statutory right to arbitrate. We agree. The Florida Arbitration Code, section 682.03, Florida Statutes (1983), provides: ......

...rdegna. That distinction, however, does not make a difference. Chapter 682, Florida Statutes (2006), is the Florida Arbitration Code. The provision within the Florida Arbitration Code that corresponds with section 4 of the Federal Arbitration Act is section 682.03(1), which reads: A party to an agreement or provision for arbitration subject to this law claiming the neglect or refusal of another party thereto to comply therewith may make application to the court for an order directing the parties to proceed with arbitration in accordance with the terms thereof....

...If the court shall find that a substantial issue is raised as to the making of the agreement or provision, it shall summarily hear and determine the issue and, according to its determination, shall grant or deny the application. (Emphasis added). The comparability of section 4 of the Federal Arbitration Act and section 682.03(1), Florida Statutes, has been addressed by the appellate courts of this state on a number of occasions....

...1st DCA 2006); Merrill Lynch Pierce Fenner & Smith, Inc. v. Melamed, 425 So.2d 127, 128 n. 4 (Fla. 4th DCA 1982). In addition, the Third District Court in Post Tensioned Engineering Corp. v. Fairways Plaza Assocs., 412 So.2d 871 (Fla. 3d DCA 1982), held that the operative language of section 682.03(1) refers to an agreement or provision to arbitrate, rather than to the contract in its entirety....

...t, substantial evidence. E.g., Best v. Educ. Affiliates, 82 So.3d 143, 145 (Fla. 4th DCA 2012). Appellants assert that the trial court erred when it denied the motion to compel arbitration without first holding an evidentiary hearing, as required by section 682.03(1), Florida Statutes (2012)....

...ant the application. If the court shall find that a substantial issue is raised as to the making of the agreement or provision, it shall summarily hear and determine the issue and, according to its determination, shall grant or deny the application. § 682.03(1), Fla....

...2 A plain reading of the statute supports Appellants’ position. When there is no question “as to the making of the agreement or provision,” the motion should be granted, but if, as here, there is a “substantial issue,” then at least a summary hearing is needed. § 682.03(1), Fla....

...The hearing should occur “before the trial court can reach a decision regarding [the] validity of the arbitration provision.” Rowe Enters. LLC v. Int'l Sys. & Elecs. Corp., 932 So.2d 537, 541 (Fla. 1st DCA 2006). It was error to fail to hold the hearing required by section 682.03(1)....

...Therefore, Defendant State Farm seeks an order from the Court requiring Plaintiffs to comply with the procedures in Condition 4, and to stay the litigation pending the conclusion of the appraisal/arbitration process. II. DISCUSSION Florida Statute 682.03(1) provides that: A party to an agreement or provision for arbitration subject to this law claiming the neglect or refusal of another party thereto to comply therewith may make application to the court for an order directing the parties to proceed with arbitration in accordance with the terms thereof. If the court is satisfied that no substantial issue exists as to the making of the agreement or provision, it shall grant the application. FLA.STAT. ch. 682.03 (1995)....

...bitration." Id. at 107-08. Consequently, Plaintiffs in the action before this Court argue that, based on American Reliance, the arbitration requirement is not binding on them. If the provision is not binding, the Court would not have authority under § 682.03(1) of the Florida Statutes to compel arbitration....

...In deciding a motion to compel arbitration, a trial court is restricted to three issues: “(1) whether a valid written agreement to arbitrate exists; (2) whether an arbitrable issue exists; and (3) whether the right to arbitration was waived.” Seifert, 750 So.2d at 636 ; § 682.03, Fla....

...at 85 (finding that “the applicability of the NASD time limit rule is a matter presumptively for the arbitrator, not for the judge”). Florida law allows a party to bring an action to compel arbitration when the other party refuses to arbitrate a dispute in accordance with the applicable arbitration clause. Section 682.03, Florida Statutes (2012), provides: (1) A party to an agreement or provision for arbitration subject to this law claiming the neglect or refusal of another party thereto to comply therewith may make application t...

...(5) An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown. Specifically, under section 682.03, a trial court may consider only three issues: “(1) whether a valid written agreement to arbitrate exists; (2) whether an arbitrable issue exists; and (3) whether the right to arbitration was waived.” Gren v....

...Clearly, in this case Cox did not participate in any lawsuit that would constitute a waiver of his right to arbitrate. To the contrary, Cox did everything possible to compel arbitration in this case, including filing a motion to compel arbitration in the trial court pursuant to section 682.03. The trial court incorrectly made a determinination that Cox “waived” the right to arbitrate by failing to timely make a demand for arbitration. In doing so, the trial court conflated the concept of the waiver of arbitration by...

...e controlling statutory provisions clearly contemplate that "arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown." § 682.03(5), Florida Statutes....

...Valdez of Quintairos, Prieto, Wood & Boyer, P.A., Tampa, for appellee. TAYLOR, J. Plaintiff, Adrienne Curcio, appeals the trial court's order granting the defendant's motion to compel arbitration and dismiss her lawsuit. Because the trial court failed to conduct an evidentiary hearing pursuant to section 682.03(1), Florida Statutes (2005), on plaintiff's unconscionability challenge to the enforceability of the arbitration provision, we reverse and remand for such a hearing....

...arbitration agreement in order to obtain necessary medical care and treatment and because the decedent did not understand the agreement or the rights she was waiving by signing the agreement. The trial judge did not hold an evidentiary hearing under section 682.03(1), Florida Statutes, to resolve these disputed issues concerning the validity of the arbitration agreement before granting the defendant's motion to compel arbitration and dismissing plaintiff's case. Section 682.03(1), Florida Statutes, states: A party to an agreement or provision for arbitration subject to this law claiming the neglect or refusal of another party thereto to comply therewith may make application to the court for an order directing the parties to proceed with arbitration in accordance with the terms thereof....

...ant the application. If the court shall find that a substantial issue is raised as to the making of the agreement or provision, it shall summarily hear and determine the issue and, according to its determination, shall grant or deny the application. § 682.03(1)....

...as the Court finds that there are disputed facts relating to the formation of the agreement which contains the arbitration provision.” Johnson Pope moved for rehearing and requested an expedited evidentiary hearing on its motion in accordance with section 682.03(1), Florida Statutes (2008)....

...agreement, knowing full well Huber would not be compensated for them. Defendant/petitioner filed a motion to stay and compel arbitration. The trial court denied the motion. We agree with petitioner's arguments, the first of which is that pursuant to section 682.03(1), Florida Statutes (1983), a court must grant an application for an order to proceed to arbitration whenever the parties have agreed to arbitrate and the court is satisfied there is no substantial issue that such an agreement was made....

...ng the motion to dismiss the amended complaint), and having determined that there was a valid agreement to arbitrate, an existing arbitrable issue, [6] and no waiver of the right to arbitrate, the trial court should have followed the requirements of section 682.03(1), Florida Statutes, which provides: A party to an agreement or provision for arbitration subject to this law claiming the neglect or refusal of another party thereto to comply therewith may make application to the court for an order...

...lity for Appellee. A dispute arose and, although it appears from the record that Appellee initially agreed that mediation and arbitration were appropriate, it eventually receded from that position and filed a petition to stay arbitration pursuant to section 682.03(4), Florida Statutes....

...nd quality of the arbitration or its significance and consequences." On appeal, Carrollwood argues that a substantial issue of fact existed and that as such the trial court erred in denying Carrollwood's request for an evidentiary hearing. We agree. Section 682.03(1), Florida Statutes (2007), provides as follows: A party to an agreement or provision for arbitration subject to this law claiming the neglect or refusal of another party thereto to comply therewith may make application to the court f...

...Montesino filed a demand for arbitration, pursuant to the dispute resolution clause contained in each of the agreements, alleging breach of contract against Advent, Medtek, and Swarzman. In turn, Advent, Medtek, and Swarzman filed a motion in circuit court to stay arbitration and for permanent injunction, pursuant to section 682.03(4), Florida Statutes (1995)....

.... Appellate jurisdiction is proper pursuant to rule 9.130(3)(C)(iv) of the Florida Rules of Appellate Procedure which authorizes appeals to the district courts of non-final orders that determine the entitlement of a party to seek arbitration. . See § 682.03, Fla....

...unless the award is predicated on fraud or corruption. There is no dispute that N.C.J. failed to contest the award within 90 days of its receipt of the award. N.C.J. also could have, but did not, seek relief when Avatar joined it to the arbitration: section 682.03(4), Florida Statutes, provides that a court may "stay an arbitration proceeding commenced or about to be commenced, if it shall find that no agreement or provision for arbitration subject to this law exists between the party making the application and the party causing the arbitration to be had." N.C.J. argues that sections 682.13(1)(e) and 682.03(4) presuppose an arbitration agreement between the parties, but that argument is untenable in light of the language of these provisions, which clearly contemplate a situation in which one party claims there is no arbitration agreement to which it is bound....

...this suit and stood on their complaint brought against only one of their underinsured motorist carriers. See State Farm Fire & Casualty Co. v. Glass, 421 So.2d 759, 761 (Fla. 4th DCA 1982); O'Donnell v. Chamberlain, 372 So.2d 191 (Fla. 3d DCA 1979); § 682.03(1), Fla....

...n to compel arbitration because the underlying motion to dismiss had asserted that the claims raised in the complaint are subject to arbitration. However, even if the claims are subject to arbitration, dismissal of the complaint is not required. See § 682.03(1), (3), Fla....

...If a party to a judicial proceeding challenges the existence of, or claims that, a controversy is not subject to arbitration, a pending arbitration may proceed pending final resolution of the issue by the court, unless the court orders otherwise. § 682.02(4). Section 682.03 addresses proceedings to compel and to stay arbitration. As previously noted, Dr....

...Crystal Motor contends that the trial court committed reversible error when it ruled on its motion to compel arbitration without first holding an expedited evidentiary hearing since there were factual disputes as to whether Bailey executed a document containing an arbitration agreement. We agree. Section 682.03 of the Florida Statutes governs proceedings to compel arbitration. The statute reads, in pertinent part: 682.03....

...ant the application. If the court shall find that a substantial issue is raised as to the making of the agreement or provision, it shall summarily hear and determine the issue and, according to its determination, shall grant or deny the application. § 682.03(1), Fla....

...at 578-79. Sitarik is thus distinguishable from this case, because it involves a different contract and dissimilar operative language. Wallshein next argues that the circuit court erred because it did not conduct an expedited evidentiary hearing pursuant to section 682.03, Florida Statutes (2007). Subsection 682.03(1) provides that a party to an arbitration agreement may apply to a court for an order compelling a reluctant party into arbitration....

...Bloom, 386 So.2d 286 (Fla. 3d DCA 1980) (where right to arbitrate is not in dispute, permitting parties to litigate dispute in court instead of proceeding by arbitration as agreed would constitute a departure from the essential requirements of the law); § 682.03, Fla....

...uit was a much 2 larger case that included claims, parties, and alleged agreements that were not subject to arbitration. Id. at 1173-74. On remand, the trial court stayed the cross- claims, pursuant to section 682.03, Florida Statutes (2013), and the court referred the cross-claims to arbitration. Before the start of arbitration, Laquer settled with the mortgagee....

...over CT Miami’s protestations. CT 17 Miami would be correct if it had raised a “substantial issue” regarding the making of the agreement, but we agree with the trial court that it did not. Section 682.03(1) of the pre-2013 Florida Statutes provides: A party to an agreement or provision for arbitration subject to this law claiming the neglect or refusal of another party thereto to comply therewith may make appl...

...According to appellant’s complaint, appellee did not transfer her goods, but sold them instead. Appellant brought suit seeking damages for conversion. Appellant filed her complaint in September 1990. Appellee responded to the complaint by filing a motion to compel arbitration on the authority of section 682.03, Florida Statutes....

...Defendants do not argue that any of the exceptions to the arbitration clause enumerated in Section 15 of the Services Agreement, see supra n. 6, apply. . In Count 2 of the Complaint, APR requests an order compelling arbitration and attendant relief pursuant to Florida Statutes section 682.03....

Davidowitz, 312 U.S. 52, 67 (1941)). Section 682.03, Florida Statutes (2022), provides the state

...Appellant moved to dismiss the complaint, contending that determining the validity of the amendment would require construction of the declaration. The trial court denied the motion, and this appeal followed. A trial court’s role when considering applications to compel arbitration under section 682.03, Florida Statutes, is limited to determining (1) whether a valid written agreement exists containing an arbitration clause, (2) whether an arbitrable issue exists, and (3) whether the right to arbitrate has been waived....

...riginal contract was terminated orally. Cirrus argued that the original contract, by its own terms, could not have been terminated except in writing. 1 The trial court denied Cirrus’s motion to dismiss without explanation, and this appeal follows. Section 682.03, Florida Statutes (2015), states that if one party files a motion “showing an agreement to arbitrate and alleging another person’s refusal to arbitrate pursuant to the agreement,” and the other party opposes the motion, the trial court “shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.” § 682.03(l)(b), Fla....

...When a party seeks to enforce- an arbitration agreement- and the motion is opposed, the trial court shall determine whether there is an enforceable agreement to arbitrate, and if so, stay the judicial proceedings and order the parties to arbitrate. See § 682.03(7), Fla....

subject to an agreement to arbitrate." Section 682.03(1)(b) sets forth the procedure the court must

Chapter 86, the Declaratory Judgment Act. Section 682.-03(4), Florida Statutes, states the circumstances

PER CURIAM. We reverse that portion of the order under review that dismisses rather than stays this action pending ordered arbitration proceedings. See EMSA Ltd. Partnership v. Mason, 677 So.2d 105, 107 (Fla. 4th DCA 1996); § 682.03(3) Fla....

...whether the right to arbitration was waived.” Id. at 636; see also § 682.02, Fla. Stat. (2022). The court is authorized to summarily decide a motion to compel arbitration “unless it finds that there is no enforceable agreement to arbitrate.” § 682.03(1)(b), Fla....

...affirm the order compelling arbitration. We are constrained to reverse the disposition order, however, as under the Revised Florida Arbitration Code, a 11 stay, rather than dismissal, is appropriate. § 682.03(7), Fla....

...MGP Motor Holdings, LLC, 172 So. 3d 508, 514 (Fla. 3d DCA 2015) (“The Revised Florida Arbitration Code authorizes the trial court ‘summarily to decide’ a motion to compel arbitration ‘unless it finds that there is no enforceable agreement to arbitrate.’”) (citing § 682.03(1)(b), Fla....

...ucted the hearing, contrary to the provisions of section 682.06, as to prejudice substantially the rights of a party; (e) there was no agreement or provision for arbitration subject to this law, unless the matter was determined in a proceeding under section 682.03, and unless the party participated in the arbitration hearing without raising the objection....

...y issued by the appellee, The Ohio Casualty Company. After Ohio Casualty denied coverage, and the appellant filed a demand for arbitration, Ohio Casualty filed a pleading in the circuit court entitled “Application and Motion for Stay Order under F.S. 682.03”....

have the right to move to compel arbitration. § 682.03, Fla. Stat. (2014). Deciding whether a dispute

PER CURIAM. AFFIRMED. See Section 682.03(1), Florida Statutes (1999)(If the court shall find that a substantial issue is raised as to the making of the agreement or provision [for arbitration], it shall summarily hear and determine the issue and, according to its determination, shall grant or deny the application); Proper v....

upon a parties’ Motion to Compel pursuant to Section 682.03(1), Florida Statutes (1981). The contractual

...shall vacate an award when: (c) The arbitrators or the umpire in the course of his jurisdiction exceeded their powers. (e) There was no argument or provision for arbitration subject to this law, unless the matter was determined in proceedings under § 682.03 and unless the party participated in the arbitration hearing without raising the objection....

...ght from multiple drug toxicity. On March 19, 2012, Ms. Spivey sued Teen Challenge for wrongful death based on the program’s alleged negligence. Teen Challenge filed a motion to compel mediation/arbitration and to dismiss the complaint pursuant to section 682.03, Florida Statutes, asserting that there was no “substantial issue” precluding arbitration....

...nt the application. If the court shall find that a substantial' issue is raised as to the making of the agreement or provision, it shall summarily hear and determine the issue and, according to its determination, shall grant or deny the application. § 682.03(1), Fla....

...nt, a factual determination that could have been left to the arbitrator, Gainesville Health Care Center, Inc. v. Weston, 857 So.2d 278, 288 (Fla. 1st DCA 2003), but which was adjudicated by the trial court without objection from the parties. Even if section 682.03(1) applied to this determination, the trial court’s conclusion that no substantial issue existed is supported by the record....

...o sentences entirely. The new code, entitled the "Revised Florida Arbitration Code,” now provides • that when there is a dispute about whether an enforceable arbitration agreement exists the court shall proceed "summarily to decide the issue.” § 682.03(l)(b) & (2), Fla....

...motion to compel arbitration de novo.” Duty Free World, Inc. v. Miami Perfume Junction, Inc., --- So. 3d ----, 2018 WL 3747725 at *2 (Fla. 3d DCA Aug. 8, 2018) (citing Mukamal v. Marcum, LLP, 223 So. 3d 422, 425 n.3 (Fla. 3d DCA 2017)). Section 682.03(1)(a), Florida Statutes, mandates that “[o]n motion of a person showing an agreement to arbitrate and alleging another person’s refusal to arbitrate pursuant to the agreement[,] [i]f the refusing party does not appear or does no...

...5th DCA 2000)). Accordingly, we reverse the order denying the motion to compel and remand without prejudice to the trial court deciding the Motion to Compel Arbitration when it is either properly noticed or briefed, consistent with the requirements of section 682.03. Reversed and remanded. 4 

...Arbitration Association, and judgment on the award rendered by the arbitrator may be entered in any court of appropriate jurisdiction. 2 (emphasis added). In the motion, it cited section 682.03, Florida Statutes (2022), which directs a court to stay proceedings and order the parties to arbitrate when a litigated claim is subject to an agreement to arbitrate....

...When ruling on a motion to compel arbitration, the trial court must consider: “(1) whether a valid written agreement to arbitrate exists; (2) whether an arbitrable issue exists; and (3) whether the right to arbitration was waived.” Id.; see also Basulto v. Hialeah Auto., 141 So. 3d 1145, 1152 (Fla. 2014). Furthermore, section 682.03 states that upon a motion showing that an agreement to arbitrate exists and alleging the other party’s refusal to arbitrate: 3  (a) If the refusing party does not appear or...

...(b) If the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate. § 682.03(1), Fla....

...court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section. § 682.03(6), Fla....

...Retail Detail’s motion and memorandum of law cited the Seifert test and the relevant statutory provisions cited above. There is nothing in the record on appeal indicating that Murphy filed any opposition to the motion. 1 There was no hearing on the motion. Thus, applying section 682.03(a) to these circumstances, the trial court “shall order the parties to arbitrate.” Thus, the court erred in denying the motion to compel arbitration and stay the litigation. Going to the merits, arbitration should have been compelled in this case because the three Seifert prongs are met....

...was a plaintiff in the trial court. Rooney brought a suit to enjoin arbitration proceedings. The architect Lathrop Douglass also filed a suit to enjoin the arbitration. Upon the consolidation of the actions, the appellee Food Fair Industries, Inc. brought a motion pursuant to F.S. § 682.03, F.S.A., The Florida Arbitration Code, to compel arbitration....

...t the architect. In essence, this point urges that appellant Rooney has no liability. This goes to the merits of the arbitration and under the language of The Florida Arbitration Code it is not a matter to be determined in the circuit court. “F.S. § 682.03, F.S.A....

what more we can require of the trial court. Section 682.03(4), Florida Statutes (1987), specifically authorizes

...The contract identifies Gencom as Logwood’s agent but was not signed by Gencom. Disputes arose. The Architect filed a demand for arbitration with the American Arbitration Association (AAA) against various parties, including Gencom, Rose Island, and Logwood, among others. Gencom filed an action in circuit court under subsection 682.03(4), Florida Statutes (2009), seeking a ruling that it was not obligated to arbitrate, and requesting a stay of the arbitration as to Gencom....

...the application and the party causing the arbitration to be had. The court shall summarily hear and determine the issue of the making of the agreement or provision and, according to its determination, shall grant or deny the application. Fla. Stat. § 682.03 (4) (2009)....

...endants. Accordingly, we vacate this portion of the order without prejudice to the right of said third-party defendants to file a proper motion to compel Foshee Enterprises, Inc., to arbitrate the subject matter of said third-party claim pursuant to section 682.03, Florida Statutes (1981). In the event a proper motion is filed, the third-party action as to the Davidsons shall be stayed in accordance with the procedure specified in section 682.03 pending final disposition of the arbitration proceeding....

...Since the appellant did not waive his right to have this matter resolved in arbitration, the trial court should have determined whether there existed a substantial issue as to the making of the arbitration agreement prior to considering the appellee’s motion of summary judgment. See § 682.03(1), Fla....

...6 statute, so long as the legal error is also ‘sufficiently egregious or fundamental to fall within the limited scope’ of certiorari jurisdiction.” Nader, 87 So. 3d at 723. The relevant statute here is Florida’s Arbitration Code. §§ 682.03– 682.15, Fla....

...Nevertheless, the Code also mandates the stay of the judicial proceeding after referral to arbitration: “[i]f the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration.” § 682.03(7), Fla. Stat....

...3d DCA 1998) (“The filing of a motion to dismiss directed at technical deficiencies in the complaint . . . is not ‘active participation’ amounting to a waiver.”); Arrasola v. MGP Motor Holdings, LLC, 172 So. 3d 508, 514 (Fla. 3d DCA 2015) (interpreting section 682.03(1)(b), Florida Statutes, to find that “an evidentiary hearing is unnecessary if the court has concluded that there is an agreement to arbitrate”). 2 

...his Court has subject matter jurisdiction over this claim. Accordingly, the Defendant’s Motion to Dismiss on those grounds is hereby DENIED. 2. Based upon the fact that this Action is brought pursuant to Florida Statute 682.03 (2018), the Motion to Dismiss on the grounds related to the language of the grievance process in the [CBA] is denied and the parties are hereby ordered to proceed to Step 3 in the [CBA] and arbitrate the issues of this...

...filed by the Employee. We thus examine: (1) whether the CBA states that the Union has the exclusive right to bring a certain claim; and (2) whether the Employee’s claim fits into that category. Notably, for the trial court to order arbitration pursuant to section 682.03, Florida Statutes (2018), there must be an enforceable agreement to arbitrate. See § 682.03(3), Fla. Stat....

...Harwood., At the hearing the lower court granted the motion to compel and ordered all of the parties, including Jursinski, to proceed with arbitration, reasoning that because its jurisdiction had been invoked by Jursinski’s motion to compel under section 682.03, Florida Statutes (2014), the voluntary dismissal did not divest the court of this jurisdiction....

...was the only way to prevent any waiver of Jursinski’s right to arbitration under the agreement, and that once the motion was filed, the Estate could no longer exercise its right to file a voluntary dismissal in light of the mandatory provisions of section 682.03. Under section 682.015, a party to a pending civil action involving an agreement to arbitrate, as is the case here, must file a motion to compel arbitration in the underlying civil case in order to invoke the provisions of chapter 682. Section 682.03(6), in turn, provides that “[i]f a party makes a motion to the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court rend...

...2d 869, 873-74 (Fla. 4th DCA 2007). When a party seeks to compel arbitration and the other party opposes the motion, the trial court must first determine whether there are disputed factual issues regarding the making of the arbitration agreement. See § 682.03(1)(b), Fla....

...Therefore, we reverse and remand with instructions to grant Timber Pines's motion to stay litigation of Appellees' counterclaim1 and to compel arbitration. REVERSED and REMANDED with Instructions ORFINGER, J., and JACOBUS, B.W., Senior Judge, concur. 1 See § 682.03(7), Fla....

...Therefore, we reverse and remand with instructions to grant Timber Pines's motion to stay litigation of Appellees' counterclaim1 and to compel arbitration. REVERSED and REMANDED with Instructions ORFINGER, J., and JACOBUS, B.W., Senior Judge, concur. 1 See § 682.03(7), Fla....

...King's Academy and Crowley moved to dismiss and compel arbitration. They argued arbitration was required because they and the Does executed a contract that contained an arbitration provision compelling arbitration. In a non-final order, the trial court, without holding an evidentiary hearing as required under section 682.03(1), Florida Statutes (2007), determined the provision was both substantively and procedurally unconscionable and denied the motion. *440 We reverse and remand for an evidentiary hearing. Section 682.03(1) states: A party to an agreement or provision for arbitration subject to this law claiming the neglect or refusal of another party thereto to comply therewith may make application to the court for an order directing the parties to proceed with arbitration in accordance with the terms thereof....

...arily hear and determine the issue and, according to its determination, shall grant or deny the application. (emphasis added). In Curcio v. Sovereign Healthcare of Boynton Beach L.L.C., 8 So.3d 449, 450-51 (Fla. 4th DCA 2009), this court, relying on section 682.03(1), reversed a trial court's order granting the defendant's motion to compel arbitration because the trial court, before rendering its order, failed to hold an evidentiary hearing on the plaintiff's unconscionability challenge to the enforceability of an arbitration provision....

...ation provision was made and took effect. See id. In considering these two factors, this court held that an evidentiary hearing regarding the plaintiff's unconscionability challenge was "mandatory in nature," as "Florida courts have determined that [section 682.03(1)] requires an expedited evidentiary hearing if a substantial disputed issue exists concerning the making of the agreement [to arbitrate]." Id....

...In this case, the Does raised an unconscionability challenge to the enforceability of the arbitration provision. The parties, through their arguments, also disputed the circumstances that existed at the time the arbitration provision was made and took effect. The trial court, under section 682.03(1), was therefore required to hold an evidentiary hearing on the Does' unconscionability challenge, because a substantial disputed issue existed concerning the making of the arbitration provision....

...This, too, was incorrect. As the Hopewell court highlighted in its citation to the Florida arbitration code, even where “the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration.” § 682.03(7), Fla....

...he motion seeking to compel arbitration.'" Estate of Blanchard ex rel. Blanchard v. Cent. Park Lodges (Tarpon Springs), Inc., 805 So.2d 6, 9 (Fla. 2d DCA 2001) (quoting Hill v. Ray Carter Auto Sales, Inc., 745 So.2d 1136, 1138 (Fla. 1st DCA 1999)). "Section 682.03(1), Florida Statutes [ (2008) ], furnishes a guide to the procedure that the trial court must follow in" resolving the validity of an agreement to arbitrate....

...ant the application. If the court shall find that a substantial issue is raised as to the making of the agreement or provision, it shall summarily hear and determine the issue and, according to its determination, shall grant or deny the application. § 682.03(1); see also Estate of Blanchard ex rel....

could prevail and the arbitration was unlawful. Section 682.03(4), Florida Statutes (1979), provides that

...o conducted the hearing, contrary to the provisions of § 682.06, as to prejudice substantially the rights of a party. (e) There was no agreement or provision for arbitration subject to this law, unless the matter was determined in proceedings under § 682.03 and unless the party participated in the arbitration hearing without raising the objection.” As set forth herein, the Court finds that the arbitrator’s decision in the aforesaid Case No: 80-22474 should be vacated based upon Subsections (b) and (c) of Florida Statutes § 682.13(1)....

Insurance Co., 162 So.2d 690 (Fla. 3d DCA 1964) and § 682.03(4), Fla.Stat. (1975). But see Midwest Mutual Insurance

multiple motions to compel arbitration. Section 682.03(1), Florida Statutes (2005), 4 authorizes

...Suarez, 833 So.2d 762, 765-66 (Fla.2002), Florida courts have rejected the idea that Suarez signaled a change in Florida law. See Three Palms Pointe, Inc. v. State Farm Fire & Cas. Co., 250 F.Supp.2d 1357, 1362 n. 4 (M.D.Fla.2003). As Three Palms Pointe noted, Florida courts have repeatedly used Fla. Stat. § 682.03, governing arbitration, to compel appraisals, and courts generally treat appraisal clauses as "narrowly restricted" arbitration provisions....

...ue is for arbitrators); Gersh v. Concept House, Inc., 291 So.2d 258 (Fla. 3d DCA 1974)(circuit court is divested of jurisdiction to make any determination on any factual issue other than the making of the agreement or provision for arbitration); see section 682.03(4), Florida Statutes (1997) 4 This, is the very issue presented to the lower court in the instant case: whether factual circumstances subsequent to the making of the Employment Agreement and arbitration clause had occurred — i.e., au...

...A separate suit by Mirson against Corradino involving a non-arbitrable stock agreement dispute was currently before the circuit court. Corradino argued that the circuit court stay the arbitration so that it could argue in one forum all issues against it. . Section 682.03(4) Florida Statutes (1997) provides: “On application the court may stay an arbitration proceeding commenced or about to be commenced, if it shall find that no agreement or provision for arbitration subject to this law exists between...

...ation and a consequent appellate affirmance of the order upholding the class. If anything these facts counsel even more strongly for the Wegner holding In Wegner we explained: “Florida law does not authorize multiple motions to compel arbitration. Section 682.03(1), Florida Statutes (2005), authorizes an ‘application to the court’ to proceed with arbitration, not applications .......

Falowski, *822425 So.2d 129 (Fla. 4th DCA 1982); § 682.-03(1), Fla.Stat. (1983). I would reverse for an evidentiary

appellee pursuant to the terms of the policy. See § 682.03, Fla. Stat., F.S.A. The trial judge dismissed

...given dispute: (1) whether a valid written agreement to arbitrate exists; (2) whether an arbitrable issue exists; and (3) whether the right to arbitration was waived.” (citing Seifert v. U.S. Home Corp., 750 So. 2d 633, 636 (Fla. 1999))); see also § 682.03(1), Fla....

...Defendants do not argue that any of the exceptions to the arbitration clause enumerated in Section 15 of the Services Agreement, see supra n. 7, apply. . In Count 2 of the Complaint, APR requests an order compelling arbitration and attendant relief pursuant to Florida Statutes section 682.03....

...ng would mean that assignees and their counter-parties under assigned contracts containing agreements to arbitrate disputes would lose their respective rights to compel arbitration, merely by virtue of the assignment. We discern no such intention in section 682.03(4) or any other provision of the Florida Arbitration Code....

...l arbitration or at the hearing on the motion. Connerton raised the issue in a second motion to compel arbitration, essentially seeking rehearing of the trial court's ruling. "Florida law does not authorize multiple motions to compel arbitration. Section 682.03(1), Florida Statutes (2005), authorizes an 'application to the court' to proceed with arbitration, not applications."1 Wegner v....

...2d DCA 1983) ("[R]ehearings are not authorized as to interlocutory or nonfinal orders." (citing Wagner v. Bieley, 263 So. 2d 1 (Fla. 1972))); Commercial Garden Mall v. Success Acad., Inc., 453 So. 2d 934, 935-36 (Fla. 4th DCA 1984) ("While a non-final order is not subject to a 1 Section 682.03 has been substantially revised....

...Nevertheless, after reviewing the Florida Arbitration Code and Florida caselaw, we conclude the result is the same under Florida law. The Florida Arbitration Code is substantially similar to the FAA and the Uniform Arbitration Act. 1 In language similar to that used in the FAA, § 682.03(1) of the Florida Arbitration Code states: “If the court is satisfied that no substantial issue exists as to the making of the agreement or provision [for arbitration], it shall grant the application [directing the parties to proceed with...

...e any allegation that the arbitration provision itself was fraudulently induced. 592 So.2d at 347 . The court stated: There is no doubt that Florida arbitration law makes an arbitration provision in a contract separate from the rest of the contract. Section 682.03, Florida Statutes (1989), contains several provisions establishing the separable nature of arbitration agreements....

...The latter usage especially covers this precise point: “If the court shall find that a substantial issue is raised as to the making of the agreement or provision, it shall summarily hear and determine the issue and, according to its determination, shall grant or deny the application.” [e.s.] See also Section 682.03(4), Florida Statutes (1989)....

...t. Thus, the trial court was charged with determining the threshold issue of whether an agreement to arbitrate existed. Ordinarily, the court would have been well-within its discretion to summarily declare Jean assented to arbitration. See § 682.03(1)(b), Fla. Stat....

...Only then did Sachs move to stay the court proceedings, expressing for the first time a desire to seek arbitration under Article 11 of the contract. Based on the previous dismissal of Sachs’ complaint, the trial court denied the motion as moot. FEA thereafter moved to stay arbitration as to its counterclaim, citing section 682.03(4), Florida Statutes (1991)....

...ting a merits hearing. The court orally announced its intent to deny the motion for stay without prejudice to reconsideration if the arbitrators refused to consider FEA’s defenses, but the written order entered thereafter simply denied the motion. Section 682.03(4), Florida Statutes, mandates that courts yield to arbitration where the making of the agreement and arbitration clause are admitted, and the issue relates only to whether that contract was abandoned or no longer in effect due to subsequent events....

PER CURIAM. We treat this appeal as a petition for Writ of Certiorari and deny the same without prejudice to the parties as concerns their right to request an evidentiary hearing as provided in § 682.03(1) Fla.Stat....

...cation and the party causing the arbitration to be had. The court shall summarily hear and determine the issue of the making of the agreement or provision and, according to its determination, shall grant or deny the application. § 682.03(4), Fla....

...��s order denying their motion to stay arbitration pending the outcome of this appeal. The only reason they give for staying arbitration is that the time and expense of arbitration will have been wasted if we reverse the order requiring arbitration. Section 682.03(3), Florida Statutes (2003) provides that any action involving an issue subject to arbitration shall be stayed if arbitration has been ordered....

...It is thus our policy, as expressed by the legislature, that, once arbitration is ordered, arbitration proceeds and the lawsuit does not. The only reason advanced for staying the arbitration in this case, to save time and expense, would apply in every ease, and staying the arbitration for that reason would be contrary to section 682.03(3)....

...erclaim. Since Westley never raised an issue as to “the making of” the purchase agreement or the arbitration clause contained therein, an evidentiary hearing was not required and the trial court was obligated to submit the matter to arbitration. § 682.03(1), Fla.Stat....

involves a claim subject to the arbitration.” § 682.03(7), Fla. Stat. (2023) (emphasis added). Nonetheless

...ellate Procedure 9.310(f). The appellants moved to compel arbitration in the circuit court. The trial judge denied their motion and later denied their motion to stay the circuit court action pending this appeal. We reject appellants’ argument that section 682.03(3), Florida Statutes (2006), mandates that a stay be granted in this case....

...That section provides that “[a]ny action or proceeding involving an issue subject to arbitration ... shall be stayed if an order for arbitration or an application therefor has been made under this section .... ” The Arbitration Code uses the term “application” as a synonym for “motion.” See § 682.03(1), Fla....

...at denial is on appeal. The portion of the Arbitration Code explicitly dealing with appeals, section 682.20(1)(a), Florida Statutes (2006), states that an appeal may be taken from “[a]n order denying an application to compel arbitration made under s. 682.03.” Section 682.20(2) provides that “[t]he appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action.” A stay of a final or non-final order is a discretionary decision of the trial court. See Fla. R.App. P. 9.310(a). To read section 682.03(3) as broadly as appellants urge would be to nullify the legislative direction given in section 682.20(2)....

...��s entitlement to arbitration proceedings. After a hearing at which the trial court heard testimony and received documentary evidence, the trial court entered an order compelling arbitration. This matter is governed by the Florida Arbitration Code, section 682.03(4), Florida Statutes (1991), which provides that when faced with an issue of arbitrability, the trial court shall determine the issue as to the “making of the agreement or provision.” There has been no challenge to the making of th...

...did not deny that she had signed it. The trial court reviewed the agreement, noting it had been electronically signed and initialed in several places, and included appellant’s email address, telephone number, and an emergency contact of a person with appellant’s last name. Section 682.03, Florida Statutes (2022), governs proceedings to compel arbitration....

...3  (b) If the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate. § 682.03, Fla. Stat. (2022) (emphasis added). Section 682.03 was amended in 2013, and the previous version differed with respect to how the court should proceed when presented with disputes as to the arbitration agreement. Section 682.03’s previous version stated, “If the court shall find that a substantial issue is raised as to the making of the agreement or provision, it shall summarily hear and determine the issue and, according to its determination, shall grant or deny the application.” § 682.03(1), Fla....

...s raised as to the motion to compel. As well, the 2013 amendment removed the word “hear” from the court’s duty in determining the issues. Fi-Evergreen Woods, LLC v. Robinson, 135 So. 3d 331, 335 n.4 (Fla. 5th DCA 2013) (recognizing the amended section 682.03 no longer contained the term “hear” and required the trial court to summarily decide the issue when a party objects to arbitration). The Fifth District did not reach whether omission of the word “hear” obviated the need for...

...However, two years later, the Third District recognized: The Revised Florida Arbitration Code authorizes the trial court “summarily to decide” a motion to compel arbitration “unless it finds that there is no enforceable agreement to arbitrate.” § 682.03(1)(b), Fla....

...a court should “proceed summarily to decide” issues regarding an arbitration agreement’s validity indicates that the proceeding should be swift and avoid many of the procedural and evidentiary complexities of a formal evidentiary hearing. See § 682.03(1)(b), Fla....

...4th DCA 2006), we discussed how a factual dispute may be raised: Examination of the case law reveals four ways that parties might demonstrate to a court that a disputed issue exists “as to the making of the agreement” within the meaning of section 682.03(1): (1) arguments of counsel at a hearing, see Houchins v....

...But counsel never denied that appellant had signed the document, and no affidavit or response made that claim. Moreover, counsel did not squarely ask the trial court for an evidentiary hearing, and on appeal only requests an evidentiary hearing in a footnote in the initial brief. As section 682.03(1)(b) authorizes the trial court to “proceed summarily to decide” any issue on a motion to compel arbitration, we conclude that the trial court was not required to hold an evidentiary hearing where appellant did not affirmatively contest the authenticity of her signature on the arbitration agreement....

...of the document was sufficient to decide the issue of contract formation and send the matter to arbitrations. Conclusion Based on the foregoing, we conclude the trial court’s summary decision was in keeping with its duty pursuant to section 682.03 and Get Wet did not have to authenticate appellant’s signature on the arbitration agreement....

...After a hearing, the trial court entered an order submitting the case to arbitration and dismissing Fouche's lawsuit without prejudice. Fouche contends that the trial court erred in dismissing, rather than staying, her lawsuit. We agree. Pursuant to section 682.03 of the Florida Statutes, the imposition of a stay, not an order of dismissal, is the appropriate disposition when a matter is sent to arbitration. The statute reads, in pertinent part. as follows: 682.03....

...Proceedings to compel and to stay arbitration .... (7) If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. § 682.03(7), Fla....

...In Timber Pines Plaza, LLC v. Zabrzyski, No. 5D16- 3275 (Fla. 5th DCA March 10, 2017), we reversed the trial court's order denying a motion to compel arbitration and remanded with instructions to send the matter to arbitration and to stay the litigation, citing to section 682.03(7). Accordingly, the trial court's order is reversed in part and this matter is remanded with instructions to vacate the dismissal language and to impose a stay of the instant lawsuit....