Firm Prevails Before Fifth District Court of Appeal on Arbitration Issue

Firm Prevails Before Fifth District Court of Appeal on Arbitration Issue

December 14, 2018 : Partners Houston Park, Rob Klein, and Andrew Feldman were successful in reversing an order denying a motion to compel arbitration in a construction defect case venued in Volusia County. The Fifth District Court of Appeal agreed with the Firm’s contention that the trial court erred when it declined the defendant’s request to enforce a valid arbitration provision in the construction contract at issue. The reversal required the firm to demonstrate both that the claims at issue—including counts for negligence and alleged FDUTPA violations—fell within the scope of the arbitration provision, and that a “buy-back” option contained within the provision and deemed void by the lower court could properly be severed from the general arbitration provision, where the offending clause did not “go to the heart of” the contract.

The case was Vanacore Construction, Inc. vs. Carolyn E. Osborn, et al., 5D18-598 (Fla. 5th DCA Dec. 14, 2018).