be considered a mere instrumentality of a parent corporation, there must be: (1) control of the parent over the subsidiary “to the degree that it is a mere instrumentality.” (2) parent committed fraud or this record, the requirement to remit payments to AIG, if anything, would make AIG an agent of National Union for payment purposes only; it would not make AIG a principal for purposes of litigation. As AIG, under the facts of this record, could not bind National Union or compel Cornerstone to arbitrate pursuant to the arbitration clause in the contract between Cornerstone and National Union, neither could it have waived National Union’s rights to arbitration pursuant to that clause. See, e.g., Post Tensioned Eng’g Corp. v. Fairways Plaza Assocs., 412 So.2d 871, 874 (Fla. 3d DCA 1982) (<HOLDING>). The circuit court erred, therefore, in
holding that a waiver of right occurs only when one in possession of a right with full knowledge of the material facts does or forebears the doing of something inconsistent with the exercise of the right holding that for an act to be inconsistent with the right to arbitrate and thus constitute a waiver of that right it must repudiate the right of the party who does the act holding right to testify was federal constitutional right holding a waiver of a substantial constitutional right must be a voluntary knowing and intelligent act holding that treating a defendants failure to appear as a waiver not only of the right to be present but of the right to have a hearing on the motion was error