Legal Opinion

Truly Nolen of America, Inc. v. King Cole Condominium Association, Inc.

District Court of Appeal of Florida

Decided July 23, 2014No. 14-0477PublishedCited by 7 opinions

1Opinion of the CourtRothenberg, J.

Truly Nolen of America, Inc. (“Truly Nolen”) appeals a trial court order finding that it waived its right to compel arbitration by filing a motion to transfer venue based on forum non conveniens while simultaneously filing a motion to compel arbitration. Because the actions taken by Truly Nolen were not inconsistent with its right to enforce the mandatory arbitration clause in the parties’ contract, we reverse and remand for further proceedings.

Truly Nolen entered into a contract with King Cole Condominium Association, Inc. (“King Cole”) to provide pest control services for King Cole. King…

2Cases cited14 opinions

  1. Seifert v. US Home Corp.Supreme Court of Florida · 1999
  2. National Foundation for Cancer Research v. A.G. Edwards & Sons, Inc., Harold T. HedgesCourt of Appeals for the D.C. Circuit · 1987
  3. Raymond James Financial v. SaldukasSupreme Court of Florida · 2005
  4. Shotts v. OP Winter Haven, Inc.Supreme Court of Florida · 2011
  5. Green Tree Servicing, LLC v. McLeodDistrict Court of Appeal of Florida · 2009

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3Cited by7 opinions

  1. Florida Insurance Guaranty Ass'n v. BrancoDistrict Court of Appeal of Florida · 2014
  2. CT Miami, LLC v. Samsung Electronics Latinoamerica Miami, Inc.District Court of Appeal of Florida · 2015
  3. Florida Insurance Guaranty v. SillDistrict Court of Appeal of Florida · 2014
  4. Cheshire v. Fitness & Sports Clubs, LLCDistrict Court, S.D. Florida · 2019
  5. CSC SERVICEWORKS, INC. v. BOCA BAYOU CONDOMINIUM ASSOCIATION, INC.District Court of Appeal of Florida · 2020

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