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Gottfried v. Paulette Koch re

District Court of Appeal of Florida, Fourth District
Mar 7, 2001
778 So. 2d 1089 (Fla. Dist. Ct. App. 2001)

Summary

holding that nonsignatory to contract was “bound by her agreement to arbitrate, as having accepted the economic and professional benefits of [signatory's] membership with the board”

Summary of this case from Mendez v. Hampton Court Nursing Center, LLC

Opinion

No. 4D00-3354.

Opinion filed March 7, 2001.

Appeal of a non-final order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward H. Fine, Judge; L.T. Case No. 00-5714 AI.

Affirmed.

Freeman W. Barner, Jr. of Watterson, Hyland Klett, P.A., Palm Beach Gardens, for appellant.

Susan B. Yoffee of Fleming, Haile Shaw, P.A., North Palm Beach,, for Appellees-Paulette Koch Real Estate Inc. and Paulette Koch.


Martha Gottfried, Inc. (Gottfried) appeals a non-final order compelling arbitration in its dispute with Paulette Koch Real Estate, Inc. over a real estate commission. We affirm.

Gottfried contends that it has not agreed to arbitrate this dispute and should not be bound by the agreement of its broker, Pamela Hoffpauer, to submit the claim to arbitration by virtue of her application for membership with the Palm Beach Board of Realtors.

Arbitration is a preferred method of dispute resolution; therefore, any doubt regarding the scope of an arbitration clause should be resolved in favor of arbitration. See Roe v. Amica Mutual Ins. Co., 533 So.2d 279 (Fla. 1988); Nestler-Poletto Realty, Inc. v. Kassin, 730 So.2d 324, 326 (Fla. 4th DCA 1999); Ronbeck Constr. Co. v. Savanna Club Corp., 592 So.2d 344 (Fla. 4th DCA 1992).

Non-signatories may be bound by an arbitration agreement if dictated by ordinary principles of contract law and agency. See, e.g., Thomson-CSF, S.A. v. American Arbitration Ass'n, 64 F.3d 773, 776 (2d Cir. 1995). Furthermore, a third party beneficiary to a contract can be compelled to arbitrate. See Terminix Int'l Co. LP v. Ponzio, 693 So.2d 104 (Fla. 5th DCA 1997) (citing Raffa Assocs., Inc. v. Boca Raton Resort Club, 616 So.2d 1096 (Fla. 4th DCA 1993)); Zac Smith Co., Inc. v. Moonspinner Condo. Ass'n, 472 So.2d 1324 (Fla. 1st DCA 1985). Therefore, Gottfried, while not a signatory to Hoffpauer's application for membership with the Palm Beach Board of Realtors, is, nevertheless, bound by her agreement to arbitrate, as having accepted the economic and professional benefits of Hoffpauer's membership with the board. See, e.g., Proodian v. Plymouth Citrus Growers, Ass'n, 13 So.2d 15 (Fla. 1943); C. Q. Farms, Inc. v. Cargill, Inc., 363 So.2d 379 (Fla. 1st DCA 1978).

Accordingly, we affirm as to this and as to all other issues raised in this appeal.

STONE, POLEN, and GROSS, JJ., Concur.


Summaries of

Gottfried v. Paulette Koch re

District Court of Appeal of Florida, Fourth District
Mar 7, 2001
778 So. 2d 1089 (Fla. Dist. Ct. App. 2001)

holding that nonsignatory to contract was “bound by her agreement to arbitrate, as having accepted the economic and professional benefits of [signatory's] membership with the board”

Summary of this case from Mendez v. Hampton Court Nursing Center, LLC

holding that a party who takes advantage of the provisions of a contract containing an arbitration clause cannot then argue that he or she is not bound by the arbitration provisions should a dispute arise

Summary of this case from Stalley v. Transitional Hospitals Corp. of Tampa

recognizing that non-signatories can be bound by arbitration agreements under "ordinary principles of contract law and agency"

Summary of this case from Mexicanos v. Exec. MFE Aviation, LLC

explaining that "[n]on-signatories may be bound by an arbitration agreement if dictated by ordinary principles of contract law and agency" and that "a third party beneficiary to a contract can be compelled to arbitrate"

Summary of this case from Gomez v. Allied Prof'ls Ins. Co.
Case details for

Gottfried v. Paulette Koch re

Case Details

Full title:MARTHA A. GOTTFRIED, INC., Appellant, v. PAULETTE KOCH REAL ESTATE, INC.…

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 7, 2001

Citations

778 So. 2d 1089 (Fla. Dist. Ct. App. 2001)

Citing Cases

Mendez v. Hampton Court Nursing Center, LLC

It is well-established that “[a]rbitration clauses in contracts are binding on third party beneficiaries.”…

Stalley v. Transitional Hospitals Corp. of Tampa

However, an exception to this general rule exists when the signatory of the arbitration agreement is…