Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Woodall v. Green Tree Financial Servicing Corp.
Citations: 755 So. 2d 681; 1999 Fla. App. LEXIS 9833; 1999 WL 512153Docket: 98-3427
Court: District Court of Appeal of Florida; July 21, 1999; Florida; State Appellate Court
An appeal was made by Louis D. Woodall and Gail M. Woodall against Green Tree Financial Servicing Corp. regarding a non-final order that granted a motion to compel arbitration in a foreclosure case. The appellee sought arbitration for the appellants' counterclaim, citing an arbitration clause in an installment contract. The court reversed the trial court's decision, determining that the appellee had waived its right to arbitrate by actively participating in the lawsuit through the filing of a motion for summary judgment and submitting supporting affidavits related to the counterclaim. This participation was seen as contesting the merits of the counterclaim, which distinguished this case from a prior ruling where a motion for summary judgment did not constitute a waiver of arbitration rights. The case is remanded for further proceedings consistent with the reversal.