1. Home
  2. Browse Decisions
  3. So.3d
  4. 11 So.3d
  5. 11 So.3d 973 (2009)
 

SITARIK v. JFK MEDICAL CENTER LTD. P'SHIPS

No. 4D08-413.

11 So.3d 973 (2009)

John SITARIK, M.D., Appellant, v. JFK MEDICAL CENTER LIMITED PARTNERSHIPS ("JFK"), Hospital Corporation of America, Inc. ("HCA, Inc."), Sheridan Healthcorp Inc. ("Sheridan"), Gilbert Drozdow, M.D., Individually and as employee/agent of Sheridan, Malcolm Dorman, M.D., individually and as employee/agent of JFK/HCA, Gina Melby, individually and as employee/agent of JFK/HCA, Appellees.

District Court of Appeal of Florida, Fourth District.

May 6, 2009.

Attorney(s) appearing for the Case

Bard D. Rockenbach of Burlington & Rockenbach, P.A., West Palm Beach, Kara Skorupa and Edward F. O'Hara of Deratany, Skorupa & O'Hara, North Palm Beach, for appellant.

Matthew J. Conigliaro of Carlton Fields, P.A., St. Petersburg, and Walter J. Tache of Carlton Fields, P.A., Miami, for appellees JFK, HCA, and Melby.

Glenn J. Waldman and Douglas T. Marx of Waldman Feluren Hildebrandt & Trigoboff, P.A., Weston, for appellees, Sheridan Healthcorp, Inc. and Gilbert Drozdow, M.D.

DAMOORGIAN, J.

John Sitarik appeals the trial court's order compelling Sitarik to arbitrate his claim against Sheridan. We reverse because Sheridan waived its right to arbitrate when it actively participated in the litigation and failed to make any demand for arbitration.

In this case, Sheridan filed an answer, filed affirmative defenses, filed a notice of taking deposition, filed two motions to dismiss, issued a subpoena, and propounded discovery. Sheridan...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases