Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Iglehart v. Mitbank USA, Inc.

Florida Court of Appeals, Fourth District

November 20, 2019

PHILIP C. IGLEHART, DAVID C. IGLEHART and PCI, LLC, Appellants,
v.
MITBANK USA, INC., a Florida corporation, and DAVID McINTOSH, Appellees.

         Not 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.

          Scott Cole of Cole Scott & Kissane, Miami, for appellee, Mitbank USA, Inc., a Florida corporation.

          Curtis Alva of Alva & Gleizer, PLLC, West Palm Beach, and Rodolfo Sorondo, Jr. of Holland & Knight LLP, Miami, for appellee, David McIntosh.

          GROSS, J.

         Philip 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.

         The 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.

         The 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 provision:

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, Florida.

(Emphasis supplied).

         Philip 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.

         McIntosh 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.

         The 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.