Dannelly Enterprises, LLC v. Palm Beach Grading, Inc.

Summary

The court reversed an order compelling Dannelly to arbitrate PBG's third-party claims because the record did not establish that Dannelly assented to either of the agreements containing arbitration provisions, and the master subcontract's arbitration clause was limited to disputes between its signatories. Although PBG's affidavit satisfied its initial burden of showing that an arbitration agreement might exist, Dannelly's contrary affidavit created a genuine issue of material fact requiring a jury determination. Moore, Chief Justice, concurring in part and dissenting in part, agreed that arbitration should be reversed but would have remanded for trial without a jury determination of contract formation because he considered predispute arbitration agreements unenforceable under the Seventh Amendment.