In FL "Saldukas" it was affirmed that there are three elements for courts to consider in ruling on a MTC Arbitration -- including whether right to arb. was "waived". Court held "waiver" as being defined as: "the voluntary and intentional relinquishment of a known right or conduct which implies the voluntary and intentional relinquishment of a known right."
As such, in interpreting the court’s definition of “waiver” does this then mean therefore that a party CANNOT be said to have "waived" a right to arbitrate if that right is (or was) UN-KNOWN to the party (even unknown before the trial court) at the time the suit was filed?
Ex: Plaintiff sues on contract but fails to attach said contract to its complaint (as required by FL RCP). Defendants were not in possession of said contract at time Defendants filed MTC Arb. The defendants’ MTC said right to Arb. was based on “information and belief” that such right to arbitrate likely existed in the plaintiff’s contract – which was still not in evidence at time of MTC, and Def. had not engaged in discovery RFP.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.