Hymowitz v. Delcrest Building Corp.

District Court of Appeal of Florida

Hymowitz v. Delcrest Building Corp.

770 So. 2d 1271, 2000 Fla. App. LEXIS 14802, 2000 WL 1700925

CourtDistrict Court of Appeal of Florida

DecidedNovember 15, 2000

DocketNo. 4D99-2053

StatusPublished

Cited by2 cases

This text of 770 So. 2d 1271 (Hymowitz v. Delcrest Building Corp.) 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.

Bluebook

Hymowitz v. Delcrest Building Corp., 770 So. 2d 1271, 2000 Fla. App. LEXIS 14802, 2000 WL 1700925 (Fla. Ct. App. 2000).

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Opinion

POLEN, Judge.

We reverse an order granting appellee’s motion to compel arbitration. The. trial court granted the motion to compel based on the parties’ agreement for sale which referenced a third party warranty insurance agreement obtained by the builder. While that insurance agreement contained an arbitration provision, the purchase agreement did not specifically incorporate that provision. As such, there was no legal basis upon which the trial court could have ordered arbitration. See Regency Island Dunes, Inc. v. Foley and Assocs. Constr. Co., 697 So.2d 217 (Fla. 4th DCA 1997)(holding that a party who has not expressly or implicitly agreed to be bound by an arbitration agreement cannot be compelled to arbitrate).

REVERSED and REMANDED.

WARNER, C.J, and KLEIN, J., concur.

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POLEN, Judge.

We reverse an order granting appellee’s motion to compel arbitration. The. trial court granted the motion to compel based on the parties’ agreement for sale which referenced a third party warranty insurance agreement obtained by the builder. While that insurance agreement contained an arbitration provision, the purchase agreement did not specifically incorporate that provision. As such, there was no legal basis upon which the trial court could have ordered arbitration. See Regency Island Dunes, Inc. v. Foley and Assocs. Constr. Co., 697 So.2d 217 (Fla. 4th DCA 1997)(holding that a party who has not expressly or implicitly agreed to be bound by an arbitration agreement cannot be compelled to arbitrate).

REVERSED and REMANDED.

WARNER, C.J, and KLEIN, J., concur.

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Bluebook (online)

770 So. 2d 1271, 2000 Fla. App. LEXIS 14802, 2000 WL 1700925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hymowitz-v-delcrest-building-corp-fladistctapp-2000.

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