Hymowitz v. Delcrest Building Corp.
Cases that cite this one
2 later published cases cite this decision.
- William J. Osborne and Amanda L. Osborne v. Drees Homes of Florida, Inc. (Fla. Dist. Ct. App. 2024)
- OAKMONT CUSTOM HOMES, LLC v. JENNIFER A. BILLINGS (Fla. Dist. Ct. App. 2021)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.