Burnett wilson reeder7/10/2023 and not by or in a court of law or equity. shall first be submitted to mediation and, if not settled during mediation, shall thereafter be submitted to binding arbitration as provided by the Federal Arbitration Act. Grantor and Grantee specifically agree that this transaction involves interstate commerce and that any Dispute. All covenants, conditions and restrictions contained in this Deed are equitable servitudes, perpetual and run with the land including, without limitation, Sections H, I, and J. Specifically, the deed provides, in part, as follows: The special warranty deed contains various covenants, conditions, and restrictions, including a provision requiring arbitration of disputes arising under or related to the home. Home representative in the presence of two witnesses but was not signed by the Kennisons. The special warranty deed was executed by a U.S. Home conveyed the home to the Kennisons by special warranty deed, which was recorded in the public records of Lee County. Home for the purchase of a newly-built home in Lee County. In 2007, David and Luisa Kennison entered into an agreement with U.S. As this case presents an issue of first impression in Florida, we certify a question of great public importance. Therefore, we affirm the circuit court's order compelling arbitration. We hold that a valid arbitration agreement exists and that as a restrictive covenant running with the land, the arbitration provision contained in the original special warranty deed is binding upon the Hayslips as subsequent purchasers of the home. The Hayslips argue that the arbitration provision contained in the original special warranty deed is invalid alternatively, if the arbitration provision is valid, the Hayslips assert that as subsequent purchasers of the home they are not bound by it because it is not a covenant running with the land but is merely a personal covenant binding only upon the original purchasers of the home. Home Corporation's motion to stay the Hayslips' claim for relief under section 553.84, Florida Statutes (2016), of the Florida Building Codes Act and to compel arbitration pursuant to the original special warranty deed. Shane and Laura Hayslip appeal a nonfinal order granting U.S. Alaee of Foley & Lardner LLP, Tampa, for Appellee. Gersten of Gordon Rees Scully Mansukhani LLP, Miami and Lawrence J. Burnett of Burnett Law, P.A., Tampa (substituted as counsel of record), for Appellants. Lee Reeder of Burnett Wilson Reeder, Tampa (withdrew after briefing) David M. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED Appeal pursuant to from the Circuit Court for Lee County Alane C.
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