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MIRRO v. FREEDOM BOAT CLUB, LLC

No. 2D20-3132.

328 So.3d 1108 (2021)

Virginia MIRRO, Appellant, v. FREEDOM BOAT CLUB, LLC, a Florida corporation; Highwater Marine, LLC, a foreign corporation; Bearcat Corporation, Inc., a foreign corporation, Appellees.

District Court of Appeal of Florida, Second District.

October 15, 2021.

Attorney(s) appearing for the Case

Catherine Saylor and Jacob J. Munch of Munch & Munch, P.A., Tampa, for Appellant.

Michael J. Dono and David N. Gambach of Hamilton, Miller & Birthisel, LLP, Miami, for Appellee Freedom Boat Club, LLC.

No appearance for remaining Appellees.

This is Virginia Mirro's appeal of an order compelling arbitration of her personal injury claim under an agreement she entered into with Freedom Boat Club, LLC, for a boating club membership. We reverse because, given the totality of the circumstances of this case, Freedom waived its right to arbitration.

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