Open MRI of Okeechobee, LLC v. Aldana
Open MRI of Okeechobee, LLC v. Aldana
Opinion of the Court
ON MOTION FOR REVIEW OF STAY ORDER
This is a motion for review of an order denying a stay of circuit court proceedings filed pursuant to Florida Rule of Appellate Procedure 9.310(f).
The appellants moved to compel arbitration in the circuit court. The trial judge denied their motion and later denied their motion to stay the circuit court action pending this appeal.
We reject appellants’ argument that section 682.03(3), Florida Statutes (2006), mandates that a stay be granted in this case. That section provides that “[a]ny action or proceeding involving an issue subject to arbitration ... shall be stayed if an order for arbitration or an application therefor has been made under this section .... ” The Arbitration Code uses the term “application” as a synonym for “motion.” See § 682.03(1), Fla. Stat. (2006) (providing that a “party to an agreement or provision for arbitration ... may make application to the court for an order directing the parties to proceed with arbitra
Appellants urge us to adopt the rationale of Blinco v. Green Tree Servicing, LLC, 366 F.3d 1249 (11th Cir. 2004). Without deciding the persuasiveness of this authority in light of Chapter 682, we note that we agree with the approach of Motorola Credit Corp. v. Uzan, 388 F.3d 39, 53-54 (2d Cir. 2004) and Britton v. Co-op Banking Group, 916 F.2d 1405, 1412 (9th Cir. 1990).
The motion for review of stay order is denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.