John S. Harlow v. Tier 1 Pest Solutions, LLC
The Second District held that the trial court invaded the arbitrator's statutory province by deciding that mediation was a condition precedent to arbitration and that it had to occur first, reversing that portion of the order. Following Patterson v. Melman, the court held that under sections 682.02 and 682.03 the arbitrator, not the court, decides whether a condition precedent exists and has been fulfilled. It affirmed the denial of the motion to dissolve the temporary injunction.
Key facts
- Harlow owns a 51% membership interest in Tier 1 Pest Solutions, LLC under a written operating agreement; Robertson and Liston own the remaining 49%.
- The operating agreement's dispute-resolution clause required mediation, and if mediation failed, arbitration under AAA Commercial Rules.
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Holdings
- Under the Revised Florida Arbitration Code (§§ 682.02(3), 682.03(1)(b)), once the court determines an enforceable agreement to arbitrate exists and the controversy is subject to it, the…
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Why it matters
A clear application of Florida's who-decides arbitration framework for commercial and business-divorce practitioners: courts decide only the existence and scope of an arbitration agreement, while conditions precedent… — full analysis with a trial
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