Thompson v. Skipper Real Estate Company

The main opinion concludes that the defendants, who aggressively litigated the issue of venue in this action for 11 months before moving to compel arbitration, did not waive their right to compel arbitration, stating "A defendant has the right to have the proper venue established before it has any obligation to move to compel arbitration." 729 So.2d at 292 (emphasis added). I respectfully dissent. What interest does a party havein establishing venue in a case he does not intend to litigate inthe first place? Otherwise stated, it serves no purpose for a party who does not intend to waive the…