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Strano v. Sherason American Express

District Court of Appeal of Florida, Third District
Dec 30, 1986
499 So. 2d 71 (Fla. Dist. Ct. App. 1986)

Opinion

No. 86-2377.

December 30, 1986.

An Appeal from a non-final order from the Circuit Court, Dade County; Sidney B. Shapiro, Judge.

Kirkpatrick Lockhart and Jeffrey A. Tew and Dennis A. Nowak, Miami, for appellants.

Ruden, Barnett, McClosky, Schuster Russell and Bennett Falk and Keith Olin, Miami, for appellee.

Before BASKIN, DANIEL S. PEARSON and FERGUSON, JJ.


Neither the fact that the brokerage firm participated in, rather than initiated, the extensive discovery for more than one year after the Florida Supreme Court decided Oppenheimer Co. v. Young, 475 So.2d 221 (Fla. 1985), nor the fact that one count of the plaintiffs' complaint was not subject to arbitration and would have thus supported some limited pretrial discovery, serves to distinguish this case from Puchner v. Drexel Burnham Lambert, Inc., 498 So.2d 550 (Fla. 3d DCA 1986), and the belated order compelling arbitration is, accordingly,

Reversed.


Summaries of

Strano v. Sherason American Express

District Court of Appeal of Florida, Third District
Dec 30, 1986
499 So. 2d 71 (Fla. Dist. Ct. App. 1986)
Case details for

Strano v. Sherason American Express

Case Details

Full title:ROSARIO STRANO, INDIVIDUALLY AND AS TRUSTEE FOR OTHERS, AND PHYLLIS ERNST…

Court:District Court of Appeal of Florida, Third District

Date published: Dec 30, 1986

Citations

499 So. 2d 71 (Fla. Dist. Ct. App. 1986)