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968 So. 2d 46

Docket No. 4D06-4916.

Thenet v. Jenne

Thierry Albert THENET, Appellant, v. Ken JENNE, Sheriff of Broward County, and Broward Sheriff's Office, Appellees.

District Court of Appeal of Florida

Decided September 5, 2007.

Rehearing Denied December 6, 2007.

District Court of Appeal of Florida · decided 2007-09-05

Cited by 3 later decisions — most recently February 2016

3 state decisions

Relies on 944 So. 2d 181 - O'Keefe Architects v. Ced Const. Partners · 902 So. 2d 885 - Alderman v. City of Jacksonville · Alce v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2007-09-05

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¶1Robert C. Gindel, Jr. of Robert C. Gindel, Jr., P.A., West Palm Beach, for appellant.

¶2Carmen Rodriguez of Law Offices of Carmen Rodriguez, P.A., Miami, for appellees.

¶3PER CURIAM.

¶4After the sheriff terminated Thierry Thenet, a career deputy with the Broward Sheriff's Office, Thenet filed a request for an arbitration panel under the applicable collective bargaining agreement. Later, Thenet filed suit in the circuit court to compel arbitration. The circuit court granted the sheriff's motion to dismiss, holding that Thenet's request was untimely.

¶5We reverse because the issue of timeliness was a question for an arbitrator. See Alderman v. City of Jacksonville, Fire & Rescue Div., 902 So.2d 885, 887 (Fla. 1st DCA 2005) ("[Q]uestions of timeliness are to be decided by an arbitrator, not a trial court. This is true even if the time requirement for arbitration is labeled a condition *47 precedent"); Pembroke Indus. Park P'ship v. Jazayri Constr., Inc., 682 So.2d 226, 227 (Fla. 3d DCA 1996) ("[T]he issue of whether the demand for arbitration was timely is a question of fact for the arbitrator to decide, not the trial court."); CED Constr., Inc. v. Kaiser-Taulbee Assocs., 816 So.2d 813 (Fla. 5th DCA 2002) ("The issue of whether the demand for arbitration was timely is a question of fact to be decided by arbitration, not the trial court."); see also O'Keefe Architects, Inc. v. CED Constr. Partners, Ltd., 944 So.2d 181, 188 (Fla.2006) (holding that a statute of limitations defense was to be decided by the arbitrator).

¶6STONE, POLEN and GROSS, JJ., concur.

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