Legal Opinion

Ap Atl., Inc. v. Silver Creek St. Augustine, LLLP

District Court of Appeal of Florida

Decided March 15, 2019No. Case No. 5D18-1656Published

1Per curiam

Appellant, AP Atlantic, Inc., a non-signatory to a construction contract, appeals the denial of its motion to compel arbitration after the trial court concluded that the contract's arbitration provision did not apply to non-signatories. The construction contract was signed by Appellee, Silver Creek St. Augustine, LLLP, and Appellant's affiliate, AP Gulf States, Inc. We *866reverse because a non-signatory may enforce an arbitration provision when a signatory makes a claim against the non-signatory that arises out of the contract.

Generally, "a non-signatory to a contract containing an arbitration…

2Cases cited3 opinions

  1. Koechli v. BIP Intern., Inc.District Court of Appeal of Florida · 2004
  2. CUNINGHAM HAMILTON QUITER v. BL of Miami, Inc.District Court of Appeal of Florida · 2000
  3. Roman v. Atlantic Coast Construction & Development, Inc.District Court of Appeal of Florida · 2010

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