Opinion
No. 84-1646.
February 6, 1985. Rehearing Granted June 7, 1985.
Appeal of a non-final order from Circuit Court, Broward County; George W. Tedder, Jr., Judge.
Francine Clair Landau of Inman Landau, and Penland, Seelie, Morgan Penland, Jacksonville, for appellant.
Bennett Falk and Patricia E. Cowart of Ruden, Barnett, McClosky, Schuster Russell, P.A., for appellees-Shearson and Nolting.
We reverse the action of the trial court in enforcing an arbitration agreement in a dispute concerning securities upon authority of Oppenheimer Co. v. Young, 456 So.2d 1175 (Fla. 1984). In making this decision we recognize and agree that Oppenheimer, in effect, overruled this court's contrary opinion in Merrill Lynch, Pierce, Fenner and Smith, Inc. v. Melamed, 453 So.2d 858 (Fla. 4th DCA 1984).
Reversed.
ANSTEAD, C.J., and DOWNEY and WALDEN, JJ., concur.