[connectthedots]

Interesting that Florida threw out the contractual mandatory arbitration, however.

Assuming there is a valid arbitration clause in the contract and it was not fraudulently entered in to, the judge clearly should have dismissed the action on that basis alone. As you must know, arbitration clauses are primarily contractual and are thus enforceable under the constitution of the United States, absent some sort of irregularity in its formation or procedure. If the particular clause was "unconscienable" it may be unenforceable.

If the clause is valid, a simple writ of mandamus will result in an automatic reversal of the trial court's decision to not first require arbitration.

[Amore]

I doubt it. I deal with mandamus petitions all the time. Wouldn't be a lock in Florida. (Actually, I think we'd be more likely to see it as a certiorari petition.) Those clauses are always open to "interpretation," and, again, as I said, judges want to please the plaintiffs' bar.