General Electric Capital Corp. v. Bio-Mass Tech, Inc.
District Court of Appeal of Florida
1Opinion of the Court
MORRIS, Judge.
General Electric Capital Corporation appeals an order staying the trial court action below and compelling arbitration on General Electric’s complaint for replevin and breach of note and security agreement filed against Bio-Mass Tech, Inc. General Electric claims that Bio-Mass waived any right to arbitration when it actively and substantively engaged in litigation before the trial court. We agree and reverse the trial court’s order.
I. Facts
On January 24, 2011, General Electric filed a complaint against Bio-Mass, alleging a count for replevin and a count for breach of note and…
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- Home Gas Corp. of Massachusetts, Inc. v. Walter's of Hadley, Inc.Massachusetts Supreme Judicial Court · 1989
- ASC Utah, Inc. v. Wolf Mountain Resorts, L.C.Utah Supreme Court · 2010
- Green Tree Servicing, LLC v. McLeodDistrict Court of Appeal of Florida · 2009
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