City of Crystal River v. United Brotherhood of Carpenters

District Court of Appeal of Florida

City of Crystal River v. United Brotherhood of Carpenters

884 So. 2d 440, 2004 Fla. App. LEXIS 14446, 2004 WL 2191245

CourtDistrict Court of Appeal of Florida

DecidedOctober 1, 2004

DocketNo. 5D04-759

StatusPublished

This text of 884 So. 2d 440 (City of Crystal River v. United Brotherhood of Carpenters) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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City of Crystal River v. United Brotherhood of Carpenters, 884 So. 2d 440, 2004 Fla. App. LEXIS 14446, 2004 WL 2191245 (Fla. Ct. App. 2004).

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Opinion

PER CURIAM.

We conclude that under the facts of this case the trial court correctly concluded that the issue of whether arbitration was demanded in a timely fashion should properly be before the arbitrator for determination. See Howsam v. Dean Witter Reynolds, Inc., 537 U.S. 79, 123 S.Ct. 588, 154 L.Ed.2d 491 (2002); Piercy v. School Board of Washington County, 576 So.2d 806 (Fla. 1st DCA 1991); Graham Contracting, Inc. v. Flagler County, 444 So.2d [441]*441971 (Fla. 5th DCA), review denied, 451 So.2d 848 (Fla.1984); Rinker Portland Cement Corp. v. Seidel, 414 So.2d 629 (Fla. 3d DCA 1982); Public Health Trust of Dade Co. v. M.R. Harrison Constr. Corp., 415 So.2d 756 (Fla. 3d DCA 1982), review denied, 427 So.2d 737 (Fla.1983).

AFFIRMED.

THOMPSON, PLEUS and MONACO, JJ., concur.

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PER CURIAM.

We conclude that under the facts of this case the trial court correctly concluded that the issue of whether arbitration was demanded in a timely fashion should properly be before the arbitrator for determination. See Howsam v. Dean Witter Reynolds, Inc., 537 U.S. 79, 123 S.Ct. 588, 154 L.Ed.2d 491 (2002); Piercy v. School Board of Washington County, 576 So.2d 806 (Fla. 1st DCA 1991); Graham Contracting, Inc. v. Flagler County, 444 So.2d [441]*441971 (Fla. 5th DCA), review denied, 451 So.2d 848 (Fla.1984); Rinker Portland Cement Corp. v. Seidel, 414 So.2d 629 (Fla. 3d DCA 1982); Public Health Trust of Dade Co. v. M.R. Harrison Constr. Corp., 415 So.2d 756 (Fla. 3d DCA 1982), review denied, 427 So.2d 737 (Fla.1983).

AFFIRMED.

THOMPSON, PLEUS and MONACO, JJ., concur.

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884 So. 2d 440, 2004 Fla. App. LEXIS 14446, 2004 WL 2191245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-crystal-river-v-united-brotherhood-of-carpenters-fladistctapp-2004.

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