Legal Opinion

Rodriguez v. Builders Firstsource-Florida, LLC

District Court of Appeal of Florida

Decided January 27, 2010No. 4D09-1716PublishedCited by 3 opinions

1Opinion of the CourtCiklin, J.

The purchasers of a home (“appellants”) appeal the trial court’s order compelling arbitration in them action against the builder. The appellants assert that them personal injury claims for mold exposure are based on duties of care imposed by common law — and not on the purchase agreement containing the arbitration clause — and therefore are not arbitrable. We find that the language in the contract requires arbitration for the claims brought by the purchasers and must be enforced. The trial court was correct when it required arbitration and thus, we affirm.

Appellants, Jose and Lorena…

2Cases cited7 opinions

  1. Seifert v. US Home Corp.Supreme Court of Florida · 1999
  2. Barakat v. Broward County Housing AuthorityDistrict Court of Appeal of Florida · 2000
  3. North American Van Lines v. CollyerDistrict Court of Appeal of Florida · 1993
  4. Hirshenson v. SpaccioDistrict Court of Appeal of Florida · 2001
  5. Pierce v. IsaacSupreme Court of Florida · 1938

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Feldman v. DavisDistrict Court of Appeal of Florida · 2011
  2. Continental Florida Materials Inc. v. KushermanDistrict Court of Appeal of Florida · 2012
  3. Simon v. SimonDistrict Court of Appeal of Florida · 2012

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