Nationwide Mutual Fire Insurance Co. v. Hatch

District Court of Appeal of Florida

Nationwide Mutual Fire Insurance Co. v. Hatch

717 So. 2d 71, 1998 Fla. App. LEXIS 8139, 1998 WL 377792

CourtDistrict Court of Appeal of Florida

DecidedJuly 9, 1998

DocketNo. 98-579

StatusPublished

This text of 717 So. 2d 71 (Nationwide Mutual Fire Insurance Co. v. Hatch) 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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Nationwide Mutual Fire Insurance Co. v. Hatch, 717 So. 2d 71, 1998 Fla. App. LEXIS 8139, 1998 WL 377792 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

The county court found, as a matter of fact, that petitioner waived its right to compel arbitration by engaging in discovery. See, e.g., Coral 97 Associates, Ltd. v. Chino Electric, Inc., 501 So.2d 69 (Fla. 3d DCA 1987). On appeal to the circuit court, petitioner failed to challenge the adequacy of the factual basis for the county court’s finding of waiver. We cannot say that the circuit court, acting in its review capacity, failed to afford petitioner procedural due process or failed to apply the correct law. Therefore, the petition for certiorari is DENIED. See Haines City Community Development v. Heggs, 658 So.2d 523 (Fla.1995).

BARFIELD, C.J., and JOANOS and KAHN, JJ., concur.

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PER CURIAM.

The county court found, as a matter of fact, that petitioner waived its right to compel arbitration by engaging in discovery. See, e.g., Coral 97 Associates, Ltd. v. Chino Electric, Inc., 501 So.2d 69 (Fla. 3d DCA 1987). On appeal to the circuit court, petitioner failed to challenge the adequacy of the factual basis for the county court’s finding of waiver. We cannot say that the circuit court, acting in its review capacity, failed to afford petitioner procedural due process or failed to apply the correct law. Therefore, the petition for certiorari is DENIED. See Haines City Community Development v. Heggs, 658 So.2d 523 (Fla.1995).

BARFIELD, C.J., and JOANOS and KAHN, JJ., concur.

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717 So. 2d 71, 1998 Fla. App. LEXIS 8139, 1998 WL 377792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nationwide-mutual-fire-insurance-co-v-hatch-fladistctapp-1998.

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