William Wiener and Elizabeth S. Wiener, Appellants,
Taylor Morrison Services, Inc., f/k/a Morrison Homes, Inc., d/b/a Morrison Homes, Appellee.
final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
appeal from the Circuit Court for Duval County. Robert M.
Popham Decunto, Kevin A. Schoeppel, and Morgan Orender of
Durant, Schoeppel & Decunto, P.A., Jacksonville, for
Christine R. Davis, Tallahassee, and Edward J. Kuchinski,
Tampa, of Carlton Fields, P.A., for Appellee.
and Elizabeth Wiener appeal a non-final order which stays
their civil complaint and refers the cause to arbitration. As
arbitration is not required pursuant to the specific terms of
the applicable agreement between the parties, we reverse.
Wieners filed a complaint seeking damages from Taylor
Morrison Services, Inc., which constructed the Wieners'
residence and sold it to them. Two warranties were provided
by Taylor Morrison for the Wieners' residence. The
warranties were a two-year "blanket" warranty,
which is not applicable here, as well as a ten-year
"structural" warranty. In their complaint, the
Wieners alleged that the construction of their residence was
in violation of various provisions of the Florida Building
Code, sections 583.70-553.898, Florida Statutes, particularly
with regard to the installation of the stucco. They did not
allege a claim under either warranty.
receipt of the complaint, Taylor Morrison moved to stay the
proceedings in circuit court and to compel arbitration. After
a non-evidentiary hearing, the trial court granted that
motion finding that the issues raised by the Wieners were
arbitrable under the structural warranty agreement and that
Taylor Morrison has not waived its right to require
arbitration. An order compelling arbitration is subject to de
novo review. See Mora v. Abraham Chevrolet-Tampa,
Inc., 913 So.2d 32 (Fla. 2d DCA 2005).
structural warranty granted by Taylor Morrison has numerous
limitations. The structural warranty states:
6. This warranty does not apply to non-load-bearing
elements which are deemed NOT to have the potential for a
Major Structural Defect:
a) non-load-bearing partitions and walls;
b) wall tile or paper, etc.;
c) plaster, laths, or drywall;
d) flooring and sub-flooring ...