82 So. 3d 180
Fla. Dist. Ct. App.2012Background
- Parties formed Storm Football Partners in 2005 to buy the Tampa Bay Storm arena football team.
- Nucci sought Storm ownership and received confidential information under a confidentiality agreement.
- Agreement allowed injunctive relief for unauthorized use of confidential information and set arbitration as exclusive forum.
- Nucci later negotiated with Storm’s owner, contrary to a one-year non-investment covenant.
- Partners sued for injunctive relief; arbitrator stayed arbitration and allowed cooperation of discovery from injunction case.
- Arbitration awarded Partners over $3.5 million; Nucci sought vacatur and trial court confirmed the award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Partners waived arbitration by suing for injunctive relief | Nucci: waiver extinguished arbitral rights | Nucci consented to arbitration and waived objections | Waiver insufficient; arbitration valid |
| Whether the arbitrator exceeded powers by considering waiver issue | Arbitrator lacked authority after waiver | Waiver was within agreement; arbitrator proper | No exceeding of powers; waiver issue within arbitration scope |
| Whether vacatur was proper under Florida arbitration statute | Award should be vacated due to waiver of arbitration | No basis to vacate; arbitrator acted within powers | No grounds to vacate; award confirmed |
Key Cases Cited
- Noriega v. Schnurmacher Holding, Inc., 542 So.2d 1327 (Fla. 1989) (arbitration awards final judgments when no grounds to vacate)
- Federated Dep't Stores, Inc. v. Pavarini Constr. Co., 425 So.2d 1212 (Fla. 4th DCA 1983) (waiver questions may be decided by arbitrators if parties submit)
- City of Mount Dora v. Cent. Fla. Police Benevolent Ass'n, 600 So.2d 520 (Fla. 5th DCA 1992) (arbitrator jurisdiction decisions possible when contested issue is submitted)
- City of West Palm Beach v. Palm Beach Cnty. Police Benevolent Ass'n, 387 So.2d 533 (Fla. 4th DCA 1980) (arbitrator jurisdiction can be broadened by waiver or consent)
- LeNeve v. Via South Florida, L.L.C., 908 So.2d 530 (Fla. 4th DCA 2005) (arbitrator jurisdiction derives from agreement and can broaden by waiver)
- Harris v. Haught, 435 So.2d 926 (Fla. 1st DCA 1983) (waiver of arbitration can be decided by arbitrator or court depending on posture)