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The post below was published on Thursday, December 23rd, 2010 at 9:53 AM.

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Fourth District: Arbitration

In this procedurally peculiar case, the trial court denied a motion to compel arbitration because the defendant had also filed an answer to the complaint and a counterclaim. The Fourth District reversed, holding that the right to arbitrate is not waived where a defendant’s first substantive filing invokes arbitration. The court further held that there is no waiver even when a motion to compel arbitration and a counterclaim are filed together, absent some other act amounting to waiver.

















































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