PHILIP C. IGLEHART, DAVID C. IGLEHART and PCI, LLC, Appellants,
MITBANK USA, INC., a Florida corporation, and DAVID McINTOSH, Appellees.
final until disposition of timely filed motion for rehearing.
Consolidated appeals of a nonfinal order from the Circuit
Court for the Fifteenth Judicial Circuit, Palm Beach County;
Lisa S. Small, Judge; L.T. Case Nos.
50-2018-CA-003874-XXXX-MB and 50-2018-CA-009155-XXXX-MB.
Michael J. Napoleone and Katherine A. Coba of Day Pitney
LLP/Richman Greer, West Palm Beach, for appellants.
Cole of Cole Scott & Kissane, Miami, for appellee,
Mitbank USA, Inc., a Florida corporation.
Alva of Alva & Gleizer, PLLC, West Palm Beach, and
Rodolfo Sorondo, Jr. of Holland & Knight LLP, Miami, for
appellee, David McIntosh.
Iglehart, David Iglehart, and PCI, LLC appeal a nonfinal
order denying their motion to compel arbitration. We reverse
the order because the trial court erred in concluding that
appellants had waived arbitration.
relationship between two agreements is at the center of this
case. There is a land trust agreement which created the
Bluefield Ranch Mitigation Bank Trust. The trust agreement
named Philip Iglehart and David McIntosh as co-trustees. In
his capacity as a co-trustee of the land trust, Philip
Iglehart signed a management agreement establishing the
duties of MitBank, USA, Inc. as the trust manager.
land trust agreement contains an arbitration clause stating
that "[a]ll disputes arising out of, or in any way
relating to, this Agreement shall be resolved by
arbitration." The management agreement contained this
Venue for the adjudication of any dispute
under this Agreement shall be in Palm Beach
County, Florida, and the parties consent to the
jurisdiction of the appropriate courts exercising
jurisdiction over such disputes in Palm Beach County,
Iglehart sued MitBank in the circuit court of Palm Beach
County alleging breaches of the management
agreement. Contemporaneously with the filing of the
complaint, Iglehart filed and served discovery requests on
MitBank. In a second amended complaint, Iglehart complied
with a court order to add McIntosh as a party defendant to
the management agreement litigation.
filed a separate lawsuit against all three appellants
alleging breaches of the trust agreement. Appellants
responded to service of the complaint with a motion to compel
arbitration. Later, McIntosh and MitBank filed counterclaims
and crossclaims in the first case alleging that appellants
committed torts and breached certain duties under the trust
agreement, as well as the management agreement. Iglehart and
the other appellants moved to (1) sever the counterclaims and
(2) compel arbitration.
circuit court denied appellants' motions to compel
arbitration, ruling that Iglehart's initial lawsuit
conflicted with the arbitration clause, so that his pursuit
of litigation ...