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3rd DCAJuly 10, 2019Reversed and Remanded (injunction vacated; proceedings abated pending arbitration)⭐ Notable

Miami Marlins, L.P. v. Miami-Dade County

Case No. 18-1787

The Third District reversed a preliminary injunction and an order denying a stay pending arbitration in the dispute between the County/City and the Miami Marlins over the 'County/City Equity Payment' from the 2017 sale of the franchise. Because the Non-Relocation Agreement required arbitration of 'any disagreements' about the payment calculation 'in accordance with' the Operating Agreement, which incorporated AAA Commercial Rule 7(a), the arbitrators — not the court — must decide arbitrability; the court remanded to abate the circuit action in aid of arbitration.

Key facts

  • Miami-Dade County and the City of Miami sued the Miami Marlins over calculation of the 'County/City Equity Payment' owed from the 2017 franchise sale, asserting False Claims Act, FDUTPA, and breach of contract claims.
  • The trial court entered a preliminary injunction against arbitration and denied the Marlins' motion to stay the circuit court case pending arbitration, despite the Non-Relocation Agreement's requirement that 'any disagreements' about the payment be arbitrated 'in accordance with' the Operating Agreement incorporating AAA Commercial Rule 7(a).
  • +2 more key facts with a free trial

Why it matters

A high-profile application of Henry Schein in Florida state court: counsel can cite it for the proposition that incorporating the AAA Commercial Rules delegates arbitrability to the panel and strips the trial court of… — full analysis with a trial

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