Legal Opinion
SCG Harbourwood, LLC v. Hanyan
District Court of Appeal of Florida
Decided August 8, 2012No. 2D11-6163PublishedCited by 20 opinions
1Opinion of the Court
LaROSE, Judge.
SCG Harbourwood LLC, d/b/a Harbour-wood Health & Rehab Center, appeals the trial court’s denial of its motion to compel arbitration. Harbourwood argues that its contract with Eleanor Hanyan provided for arbitration of disputes. Harbourwood contends that an arbitration opt-out provision in the contract was not agreed to by the parties at the time the contract was signed and could not later be invoked by Ms. Hanyan. We have jurisdiction, see Fla. R.App. P. 9.130(a)(3)(C)(iv), and reverse.
The contract contained the following provision that is central to our decision:
OPTIONAL…
2Cases cited11 opinions
- Paddock v. Bay Concrete Industries, Inc.District Court of Appeal of Florida · 1963
- Jenkins v. Eckerd Corp.District Court of Appeal of Florida · 2005
- O'Keefe Architects v. Ced Const. PartnersSupreme Court of Florida · 2006
- Consolidated Res. Healthcare Fund I, Ltd. v. FenelusDistrict Court of Appeal of Florida · 2003
- Sears v. James Talcott, Inc.District Court of Appeal of Florida · 1965
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Kuhne v. Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2014
- Spring Lake NC, LLC v. FigueroaDistrict Court of Appeal of Florida · 2012
- Gulliver Schools, Inc. v. SnayDistrict Court of Appeal of Florida · 2014
- Britt Green Trucking, Inc. v. FedEx National LTL, Inc.Court of Appeals for the Eleventh Circuit · 2013
- AUSTIN COMMERCIAL, L. P. v. L. M. C. C. SPECIALITY CONTRACTORS, INC.District Court of Appeal of Florida · 2019
15 more not listed; retrieve them via the Exa API.