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.
Caldwell v. Caldwell
Citations: 915 So. 2d 728; 2005 Fla. App. LEXIS 18921; 2005 WL 3236199Docket: No. 5D05-1358
Court: District Court of Appeal of Florida; December 1, 2005; Florida; State Appellate Court
Karen Caldwell appeals an order compelling her to arbitrate issues related to the equitable distribution of marital property, determination of separate property, alimony, and attorney fees under an antenuptial agreement with her husband, Jacques Caldwell. She argues Jacques waived his right to compel arbitration through his actions during the dissolution proceedings. The court referred matters concerning temporary support and other related issues to a general master, and Karen contends Jacques waived his right to arbitration by not objecting to this referral. The court found, however, that these issues were not subject to arbitration as they pertain to spousal support during marriage, which cannot be waived via contract. Karen further claims Jacques waived his right by filing an answer and counterpetition asking for enforcement of the antenuptial agreement. The court clarified that the validity of the antenuptial agreement had to be established before Jacques could compel arbitration. Jacques argued he could not demand arbitration until the agreement's validity was confirmed, a view supported by Karen when she moved to bifurcate the proceedings to resolve the agreement's validity. After a trial, the court ruled the antenuptial agreement valid, after which Jacques filed his motion to compel arbitration. The trial court noted that the lack of a transcript from the hearings made it difficult for Karen to prove any error in the findings. The court determined that Jacques could not have demanded arbitration prior to the agreement's validation, and thus no waiver occurred. The appellate court affirmed the trial court's decision, reiterating the presumption of correctness regarding the trial court’s findings and the absence of evidence of waiver on Jacques' part. The ruling confirms the importance of establishing the validity of an antenuptial agreement before arbitration can be compelled.