10 Fla. L. Weekly Supp. 1045b
Insurance — Arbitration — Contracts — Motion to dismiss suit due to failure to first seek contractually-required mandatory arbitration is denied where documents do not demonstrate that plaintiff knowingly bound itself to arbitration
STATE FARM MUTUAL AUTO INS. CO., as subrogee, Plaintiff, v. MAROONE CHEVROLET, LLC, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 03-4277-COSO-62. September 8, 2003. Robert W. Lee, Judge. Counsel: Richard H. Phillips, Miami, for Plaintiff. Mark J. Dearman, Plantation, for Defendant.
ORDER DENYING DEFENDANT’S MOTION TO DISMISS
THIS CASE came before the Court on September 2, 2003 for consideration of the Defendant’s Motion to Dismiss, and the Court’s having heard argument; reviewed the Motion, the entire Court file, and the relevant legal authorities; and been sufficiently advised in the premises, it is hereby
ORDERED AND ADJUDGED that the Motion is DENIED. The Defendant claims that this matter should be dismissed due to failure of the Plaintiff to first seek contractually-required mandatory arbitration. The Court agrees that this would be grounds to dismiss this action. See American Home Assur. Co. v. Total Drywall & Stucco Corp., 842 So.2d 197 (Fla. 3d DCA 2003). However, the documents provided by Defendant do not demonstrate that the Plaintiff has contractually bound itself to arbitration. This ruling is without prejudice to the Plaintiff’s asserting arbitration as a defense in this action. See Transamerica Ins. v. Weed, 420 So.2d 370 (Fla. 1st DCA 1982).
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