Eco Green International, LLC v. Acapital, S.R.O.
The Third DCA held that an order granting in part a motion to dismiss (including counts dismissed 'with prejudice' on collateral estoppel grounds) while compelling arbitration on remaining counts and staying the case was not a final order, so appellate jurisdiction under Rule 9.130(a)(3)(I) extended only to the arbitration-entitlement portion. On the merits of that portion, the court affirmed, holding that non-signatory individual defendants could compel arbitration of a Florida RICO claim under equitable estoppel because the plaintiffs alleged concerted conduct inextricably intertwined with the signed agreements.
Key facts
- Eco Green International sued Acapital and individual defendants; the trial court granted in part a motion to dismiss certain counts with prejudice based on collateral estoppel, compelled arbitration on remaining counts, and stayed the case.
- Eco Green appealed the order dismissing counts and denying arbitration, arguing the order was final and appealable.
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Why it matters
Practitioners appealing composite orders that both dismiss counts and compel arbitration should note that Rule 9.130(a)(3)(I) review is strictly confined to arbitration entitlement; the remaining rulings must await a… — full analysis with a trial
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