• Arbitration Provisions – Exception to General Rule that Arbitration Provision May Only be Enforced by Signatories to the Parties Inapplicable where Signatory’s Action not Based on Contract: Florida courts will permit a non-signatory defendant to enforce an arbitration clause against a signatory plaintiff either (1) when the signatory must rely on the terms of the written agreement in asserting its claims against the non-signatory or (2) when there are allegations of concerted action by both a no-signatory and one or more signatories.  Claims for defective software, improper marketing, and attempting to force signatories to accept alternative, less effective and more expensive products do not require reference to a master agreement and the arbitration provision is not enforceable.  Allscripts Healthcare Solutions, Inc. v. Pain Clinic of Northwest Fla., Inc., Case No. 3D13-716,--- So. 3d ---, 2014 WL 3930150 (Fla. 3d DCA Aug. 13, 2014).
  • Pleadings – Inappropriate for Trial Court to Sua Sponte Grant More Relief than is Requested in Pleadings:  In an action between a condo owner and a condo association, the condo association requested declaratory and injunctive relief requiring the condo owner to remove improvements from his penthouse rooftop until the conclusion of the association’s repairs and painting of the roof and parapet walls. After a two day evidentiary hearing, the court sua sponte required the owner to permanently remove the improvements.  By doing so, the trial curt violated the unit owner’s due process rights and exceeded its jurisdiction by going beyond the scope of the pleadings in the case.  Yampol v. Turnberry Isle South Condo. Assoc., Inc., Case No. 3D13-267, --- So. 3d ---, 2014 WL 3844028 (Fla. 3d DCA Aug. 6, 2014).
  • Arbitration Provisions – Simultaneous Filing of Pre-Answer Motion and Motion to Compel does Not Waive Right to Compel Arbitration:  Waiving the contractual right to arbitrate requires the “voluntary and intentional relinquishment of a known right or conduct which implies the voluntary and intentional relinquishment of a known right.”  A party’s active participation in a lawsuit is inconsistent with the right to compel arbitration; however, where a party simultaneously files a pre-answer motion with a motion to compel arbitration, that party does not waive the right to compel arbitration.  Truly Nolan of America, Inc. v. King Cole Condo. Ass’n, Inc., 3D14-477, ---So. 3d ---, 2014 WL 3608888 (Fla. 3d DCA July 23, 2014).
  • Post-Verdict, Pre-Judgment Interest – Where prevailing plaintiff requested a final judgment on the day of the verdict and the delay in obtaining the final judgment was not attributable to plaintiff, plaintiff is entitled to post-verdict, pre-judgment interest.  T.C. Crum Roofing and General Contractors, LLC v. Olvera–Casas, 4D12-3052, --- So. 3d ---, 2014 WL 3730494 (Fla. 4th DCA July 30, 2014).