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Maguire v. King12/16/2005
e powers of the arbitrator and remedial limitations, rather than restrictions on the scope of arbitration. Cf. Rollins, Inc. v. Lighthouse Bay Holdings, Ltd., 898 So. 2d 86, 87-89 (Fla. 2d DCA 2005) (discussing remedial limitations in an arbitration provision and compelling arbitration because the question of the provision's enforceability belonged to the arbitrator, not the court); see also PacifiCare Health Sys. v. Book, 538 U.S. 401, 405-07 & n.2 (2003) (ordering arbitration after considering remedial limitations in several arbitration agreements). King's view of the provision is inconsistent with the broadest reasonable interpretation of the arbitration agreement. See Ocwen Fin. Corp. v. Holman, 769 So. 2d 481, 483 (Fla. 4th DCA 2000).
Though couched as torts, the allegations in Counts Three through Five are identical to those supporting King's breach of contract claim -- namely, that St. Marks purportedly failed to deliver approximately two acres of drainage rights in connection with its sale of the parcel to King. See Aztec Med. Servs. v. Burger, 792 So. 2d 617, 619 (Fla. 4th DCA 2001). The alleged fraud and misrepresentation on behalf of St. Marks and Maguire can only be seen as arising out of or relating to the obligations they assumed under their contract with King; accordingly, the trial court's order concluding that King's tort claims were not arbitrable was clearly erroneous. See Five Points Health Care, Ltd. v. Alberts, 867 So. 2d 520, 521 (Fla. 1st DCA 2004).
Accordingly, we REVERSE and REMAND so that the trial court may enter an order that compels arbitration of the remaining three counts of King's complaint.
SHARP, W. and MONACO, JJ., concur.
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