Ap Atl., Inc. v. Silver Creek St. Augustine, LLLP
Ap Atl., Inc. v. Silver Creek St. Augustine, LLLP
Opinion of the Court
Appellant, AP Atlantic, Inc., a non-signatory to a construction contract, appeals the denial of its motion to compel arbitration after the trial court concluded that the contract's arbitration provision did not apply to non-signatories. The construction contract was signed by Appellee, Silver Creek St. Augustine, LLLP, and Appellant's affiliate, AP Gulf States, Inc. We *866reverse because a non-signatory may enforce an arbitration provision when a signatory makes a claim against the non-signatory that arises out of the contract.
Generally, "a non-signatory to a contract containing an arbitration agreement ... cannot compel a signatory to submit to arbitration." Koechli v. BIP Int'l, Inc. ,
In this case, Appellee is a signatory and has alleged claims below against Appellant directly related to both performance and payment under the contract. In these rare circumstances, Florida courts have determined that a non-signatory to the contract may enforce an arbitration provision against a signatory. See, e.g. , Roman v. Atl. Coast Constr. & Dev., Inc. ,
REVERSED and REMANDED.
EVANDER, C.J., EISNAUGLE and HARRIS, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.