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Fisher Island Holdings, L.L.C. v. Potash

Citations: 882 So. 2d 422; 2004 Fla. App. LEXIS 11729; 2004 WL 1783563Docket: No. 3D04-1528

Court: District Court of Appeal of Florida; August 11, 2004; Florida; State Appellate Court

Narrative Opinion Summary

Fisher Island Holdings, L.L.C. successfully appealed a circuit court order that partially granted and partially denied its motion to compel arbitration and stay litigation. The appellate court reversed the trial court's decision, agreeing that while the motion to compel arbitration was justified, the trial court incorrectly restricted the arbitration's scope to only defining "true costs." The appellate court determined that all issues raised in Fisher Island's arbitration demand are subject to arbitration. Consequently, the case is remanded for an order that fully grants the arbitration demand.

Legal Issues Addressed

Enforcement of Arbitration Agreements

Application: The appellate court reversed the trial court's decision, establishing that the arbitration agreement should be fully enforced as per the appellant's demand.

Reasoning: The appellate court reversed the trial court's decision, agreeing that while the motion to compel arbitration was justified, the trial court incorrectly restricted the arbitration's scope to only defining 'true costs.'

Remand for Full Arbitration

Application: The case was remanded with instructions to issue an order that fully grants the arbitration demand as initially requested by the appellant.

Reasoning: Consequently, the case is remanded for an order that fully grants the arbitration demand.

Scope of Arbitration

Application: The appellate court held that the scope of arbitration should not be limited by the trial court and must encompass all issues outlined in the arbitration demand.

Reasoning: The appellate court determined that all issues raised in Fisher Island's arbitration demand are subject to arbitration.