Weber v. Bonilla-Mathe
Cases that cite this one
4 later published cases cite this decision.
- Gomez v. S & I Properties, LLC (Fla. Dist. Ct. App. 2017)
- Hopewell, LLC v. Alarion Bank (Fla. Dist. Ct. App. 2012)
- LAFAYETTE COUNTY SCHOOL BOARD v. Flickinger (Fla. Dist. Ct. App. 2009)
- Federated National Insurance Co. v. Palenzuela (Fla. Dist. Ct. App. 2009)
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
Michael J. WEBER, Appellant,
v.
Salvador BONILLA-MATHE, Appellee.
District Court of Appeal of Florida, Third District.
Feldman, Gale & Weber and Jeffrey D. Feldman and Michael J. Weber and James A. Stepan, Miami, for appellant.
Adorno & Zeder and Raoul G. Cantero, III, Coconut Grove, and Omar Ortega, Fort Lauderdale, for appellee.
Before SCHWARTZ, C.J., and JORGENSON and RAMIREZ, JJ.
SCHWARTZ, Chief Judge.
The defendant in an action for breach of a real estate buy and sell agreement which contained an arbitration clause, appeals from an order denying his motion to dismiss the complaint outright on the ground that the plaintiff had not invoked the arbitration clause. Quite apart from the fact that no authority is or could be cited to support the alarming proposition that a party's failure to invoke arbitration deprives her of the right even to maintain a common law action, the order is not one which determines the entitlement to arbitration under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv). Southeastern Title Ins. Co. v. Curtis, 155 So.2d 855 (Fla. 3d DCA 1963). Since this is the only provision which even arguably could support appellate review of the non-final order below, see Thomas v. Silvers, 701 So.2d 389 (Fla. 3d DCA 1997), affirmed, 748 So.2d 263 (Fla. 1999); Martin Electronics, *171 Inc. v. Glombowski, 705 So.2d 26 (Fla. 1st DCA 1997), the appeal is dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.