GORDON v. SHIELD

No. 4D09-3394.

41 So.3d 931 (2010)

Roger L. GORDON, M.D., Appellant, v. Donna SHIELD and Strax Rejuvenation and Aesthetics Institute, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

July 14, 2010.


Attorney(s) appearing for the Case

Richard T. Woulfe and Jennifer S. Mulligan of Bunnell & Woulfe P.A., Fort Lauderdale, for appellant.

Michael S. Cohen of Michael S. Cohen, P.A., Coral Gables, and Susan S. Lerner of Russo Appellate Law Firm, P.A., Miami, for appellee Donna Shield.


LEVINE, J.

The issue presented is whether appellant's compliance with the mandatory statutory requirements of chapter 766, Florida Statutes, constituted a waiver of the arbitration clause previously agreed to by both parties. We find that complying with the presuit requirements did not constitute a waiver of the agreed-to arbitration, and we reverse the trial court's ruling that arbitration had been waived.

In April 2007, appellee Donna Shield went to appellant...

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