Legal Opinion · Dissent

LBC Design & Construction v. Serruya

District Court of Appeal of Florida

Decided April 6, 2011No. 3D10-2554Published

1DissentSchwartz, Senior Judge

Of the two contractual arrangements involved in this case, I disagree that that the set of disputes arising from the first one is not arbitrable. While the arbitration clause is rendered somewhat uncertain by an apparently contrary provision, I think that the ambiguity should be resolved in accordance with the usual rule that favors arbitration. See BallenIsles Country Club, Inc. v. Dexter Realty, 24 So.3d 649, 652 (Fla. 4th DCA 2009) (“Arbitration is a preferred method of dispute resolution, so any doubt regarding the scope of an arbitration clause should be resolved in favor of…

2Cases cited5 opinions

  1. Kolsky v. Jackson Square, LLCDistrict Court of Appeal of Florida · 2010
  2. Royal Caribbean Cruises v. UNIVERSAL EMP.District Court of Appeal of Florida · 1995
  3. BallenIsles Country Club, Inc. v. Dexter RealtyDistrict Court of Appeal of Florida · 2009
  4. Morales v. PerezDistrict Court of Appeal of Florida · 2007
  5. Ceradini v. IGT Services, Inc.District Court of Appeal of Florida · 2007

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