Legal Opinion

Vanacore Constr., Inc. v. Osborn

District Court of Appeal of Florida

Decided December 14, 2018No. Case No. 5D18-598PublishedCited by 4 opinions

1Opinion of the CourtWallis, J.

Vanacore Construction (Builder) appeals the non-final order denying its motion to compel arbitration and stay proceedings. Builder contends the lower court erred when it found the claims brought by Carolyn Osborn, Michael Royals, Debra Royals, and Stephanie Winnek (Homeowners) were not arbitrable under the New Home Construction Contracts (the contracts) that they executed with Builder and when it found that an unenforceable provision within the arbitration agreement was not severable. We agree and reverse.

Builder was the developer of a subdivision located in Volusia County. Homeowners entered…

2Cases cited5 opinions

  1. Seifert v. US Home Corp.Supreme Court of Florida · 1999
  2. Jackson v. Shakespeare Foundation, Inc.Supreme Court of Florida · 2013
  3. Gessa v. Manor Care of Florida, Inc.Supreme Court of Florida · 2011
  4. Hochbaum Ex Rel. Hochbaum v. Palm Garden of Winter Haven, LLCDistrict Court of Appeal of Florida · 2016
  5. Tubbs v. HudecDistrict Court of Appeal of Florida · 2009

3Cited by4 opinions

  1. BREA 3-2 LLC, etc. v. HAGSHAMA FLORIDA 8 SARASOTA, LLC, etc.District Court of Appeal of Florida · 2021
  2. RJ's International Trading, LLC v. Crown Castle South, LLCCourt of Appeals for the Eleventh Circuit · 2024
  3. Vanacore Constr., Inc. v. BartholomewDistrict Court of Appeal of Florida · 2019
  4. Vanacore Constr., Inc. v. BartholomewDistrict Court of Appeal of Florida · 2019

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