See the briefs here:
Here’s an excerpt:
“Even where parties perform the initial formalities of contract formation—i.e. signing—they may still invalidate that contract through conduct inconsistent with its validity and enforceability, or acquiescence thereto. See, e.g., Maruri v. Maruri, 582 So. 2d 116, 117 (Fla. 3d DCA 1991). Florida law deems such conduct as abandonment, which renders a contract legally invalid and unenforceable. Id. Once abandoned, a contract may not be specifically enforced. Gustafson v. Jensen, 515 So. 2d 1298, 1301 (Fla. 3d DCA 1987).
“Appellee has in every way treated the buyer’s order as abandoned, invalid, and unenforceable. Appellee immediately failed to adhere to any of its provisions, and both parties acquiesced to these failures. Appellee went so far as to issue an apology letter to put the matter behind it. Given this mutual abandonment, the Court should find that there is no valid and enforceable contract between the parties, reversing enforcement of its arbitration provisions below. Id.”