Green Tree Servicing, LLC v. McLeod

EN BANC

WALLACE, Judge.

Green Tree Servicing, LLC (Green Tree), appeals a nonfinal order denying its motion to stay the action in the court below and to compel arbitration. 1 Because we find no error in the circuit court’s conclusion that Green Tree had waived its right to arbitration by serving multiple discovery requests related to the merits of the pending action, we affirm the circuit court’s order. In so doing, we recede from Merrill Lynch Pierce Fenner & Smith, Inc. v. Adams, 791 So.2d 25 (Fla. 2d DCA 2001).

I. THE FACTS AND PROCEDURAL HISTORY

On October 21, 1998, Stanley McLeod purchased a…