Legal Opinion

John Cox v. Village of Tequesta

District Court of Appeal of Florida

Decided February 3, 2016No. 4D14-2689PublishedCited by 1 opinion

1Opinion of the CourtLevine, J.

The issue presented for our review is whether the trial court erred in determining that the trial court, and not an arbitrator, should determine whether appellant timely demanded arbitration and whether appellant waived the right to arbitrate. We find that the trial court erred by making these determinations, which are the province of an arbitrator. We therefore reverse and remand.

In June 2012, the Village of Tequesta terminated John Cox’s employment. A collective bargaining agreement between Cox’s union and the Village provided for termination “for just cause.” The agreement set forth a…

2Cases cited10 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. John Wiley & Sons, Inc. v. LivingstonSupreme Court of the United States · 1964
  3. Howsam v. Dean Witter Reynolds, Inc.Supreme Court of the United States · 2002
  4. Seifert v. US Home Corp.Supreme Court of Florida · 1999
  5. O'Keefe Architects v. Ced Const. PartnersSupreme Court of Florida · 2006

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3Cited by1 opinion

  1. PATTERSON AND WALTER v. CLARKEDistrict Court of Appeal of Florida · 2024

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