INFINITY DESIGN BUILDERS v. HUTCHINSON

No. 5D06-2730.

964 So.2d 752 (2007)

INFINITY DESIGN BUILDERS, INC., Appellant, v. M.F. HUTCHINSON, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 24, 2007.


Attorney(s) appearing for the Case

Penny W. Schmidt and R. Gregg Jerald, of Schutt, Schmidt, Burnett & Noey, Jacksonville, for Appellant.

P. Campbell Ford and Ali A. Tedrick, of Ford, Miller & Wainer, P.A., Jacksonville, for Appellee.


MONACO, J.

Infinity Design Builders, Inc., appeals an order of the trial court denying its motion to stay arbitration proceedings. Because there was no agreement between the parties to arbitrate, and because Infinity did not knowingly waive its constitutional right to litigate its dispute with the appellee, M.F. Hutchinson, in court, we reverse.

The relevant facts of this case begin in 2001, when the parties executed a contract in which Infinity agreed to...

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