Amersham Enterprises, Inc. v. Hakim-Daccach
After the trial court held appellants in contempt for violating an injunction and warned it would entertain no relief until they purged, appellants moved to compel arbitration. The Third DCA affirmed the denial, holding the trial court did not abuse its discretion in refusing to consider the motion while appellants remained in contempt, and expressly declined to reach the substantive arbitration arguments.
Key facts
- Appellants were held in contempt of court for violating an injunction; the trial court warned it would entertain no relief until they purged the contempt.
- While in unpurged contempt, appellants moved to compel arbitration, which the trial court denied without considering the substantive arbitration arguments.
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Why it matters
The opinion extends the 'purge before you seek relief' line of authority to motions to compel arbitration, an area where the Federal Arbitration Act's strong policy favoring arbitration often overrides procedural… — full analysis with a trial
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