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Charles Securities, Inc. v. Nobel

District Court of Appeal of Florida, Fourth District
Dec 10, 1997
702 So. 2d 235 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 97-1331

October 8, 1997 As Modified on Grant of Clarification December 10, 1997

Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John A. Frusciante, Judge; L.T. Case No. 96-14082 11.

Howard A. Tescher of Kipnis Tescher Lippman Valinsky Kain, Fort Lauderdale, for appellants.

Gerald Z. Rossow, Jupiter, for appellees.


ON MOTION FOR CLARIFICATION


We grant Appellants' motion for clarification and modify our opinion of October 8, 1997, as follows:

Affirmed based on the authority of Wylie v. Investment Management and Research Inc., 629 So.2d 898 (Fla. 4th DCA 1993) (en banc). We have considered the Eleventh Circuit's opinion in Merrill Lynch, Pierce, Fenner Smith, Inc. v. Cohen, 62 F.3d 381 (11th Cir. 1995), but find no inconsistency here as the trial court found that the Uniform Submission Agreements supplied clear evidence of the parties' intent to arbitrate the timeliness issue.

STONE, C.J., POLEN and PARIENTE, JJ., concur.


Summaries of

Charles Securities, Inc. v. Nobel

District Court of Appeal of Florida, Fourth District
Dec 10, 1997
702 So. 2d 235 (Fla. Dist. Ct. App. 1997)
Case details for

Charles Securities, Inc. v. Nobel

Case Details

Full title:JW CHARLES SECURITIES, INC. AND SHEILA WHITFIELD, APPELLANTS, v. KAREN…

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 10, 1997

Citations

702 So. 2d 235 (Fla. Dist. Ct. App. 1997)