THE DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI v. DOWNTOWN 56, LLC

• Court: District Court of Appeal of Florida
• Decided: November 10, 2022
• Docket: 22-0165
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed November 10, 2022. Not final until disposition of timely filed motion for rehearing.

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No. 3D22-0165 Lower Tribunal No. 21-22821 ________________

The Department of Off-Street Parking of the City of Miami, Appellant,

vs.

Downtown 56, LLC, Appellee.

An Appeal from a non-final order from the Circuit Court for Miami- Dade County, Reemberto Diaz, Judge.

Victoria Méndez, City Attorney and Eric J. Eves, Assistant City Attorney, for appellant.

Stok Kon + Braverman, and Robert A. Stok (Fort Lauderdale), for appellee.

Before LOGUE, MILLER and BOKOR, JJ.

PER CURIAM. Affirmed. Airbnb, Inc. v. Doe, 336 So. 3d 698, 705 (Fla. 2022)

(explaining that “because Airbnb's Terms of Service incorporate by

reference the AAA Rules that expressly delegate arbitrability

determinations to an arbitrator, the agreement clearly and unmistakably

evidences the parties’ intent to empower an arbitrator, rather than a court,

to resolve questions of arbitrability”); see also Seifert v. U.S. Home Corp.,

750 So. 2d 633, 636 (Fla. 1999) (recognizing three elements for courts to

consider when ruling on a motion to compel arbitration: 1) whether a valid

written agreement to arbitrate exists; 2) whether an arbitrable issue exists;

and 3) whether the right to arbitration has been waived).