Legal Opinion

Gordon v. Shield

District Court of Appeal of Florida

Decided July 14, 2010No. 4D09-3394PublishedCited by 7 opinions

1Opinion of the CourtLevine, J.

The issue presented is whether appellant’s compliance with the mandatory statutory requirements of chapter 766, Florida Statutes, constituted a waiver of the arbitration clause previously agreed to by both parties. We find that complying with the presuit requirements did not constitute a waiver of the agreed-to arbitration, and we reverse the trial court’s ruling that arbitration had been waived.

In April 2007, appellee Donna Shield went to appellant Dr. Roger Gordon, a surgeon at Strax Rejuvenation, for an ab-dominoplasty and lipectomy. By July 2008, Shield sent Gordon and Strax a notice of…

2Cases cited9 opinions

  1. Marie v. Allied Home Mortgage Corp.Court of Appeals for the First Circuit · 2005
  2. Raymond James Financial v. SaldukasSupreme Court of Florida · 2005
  3. Kukral v. MekrasSupreme Court of Florida · 1996
  4. St. Mary's Hospital, Inc. v. PhillipeSupreme Court of Florida · 2000
  5. Marine Environmental Partners, Inc. v. JohnsonDistrict Court of Appeal of Florida · 2003

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3Cited by7 opinions

  1. Ibis Lakes Homeowners Ass'n v. Ibis Isle Homeowners Ass'nDistrict Court of Appeal of Florida · 2012
  2. Lion Gables Realty Ltd. v. Randall Mechanical, Inc.District Court of Appeal of Florida · 2011
  3. Price v. Fax Recovery System, Inc.District Court of Appeal of Florida · 2010
  4. Glenn B. Wright Construction & Development, Inc. v. CoharaDistrict Court of Appeal of Florida · 2012
  5. Shands Jacksonville Medical Center, Inc. v. Eartha Pusha, as Personal etc.District Court of Appeal of Florida · 2018

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