From Casetext: Smarter Legal Research

Roberts v. Lloyd Edwards, Inc.

District Court of Appeal of Florida, Fourth District
May 7, 1997
695 So. 2d 400 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-2489

Opinion filed May 7, 1997

Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Estella M. Moriarty, Judge; L.T. Case No. 95-10395 05.

Jerard C. Heller, Fort Lauderdale, for appellant.

David M. Tarlow of Spencer Klein, P.A., Miami, for Appellee-Phoenix American Warranty Company.

David H. Brodie of Mandel, Simowitz, Weisman, Kirschner Diaz, P.A., Boca Raton, for Appellee-Steve Edward, Inc. d/b/a Mercedeshowroom.


ON MOTION FOR REHEARING


The motion for rehearing based on conflict with Passerrello v. Robert L. Lipton, Inc., Robert L. Lipton, collectively, d/b/a Lipton Toyota, Capital Bank, 22 Fla. L. Weekly D349 (Fla. 4th DCA Feb. 5, 1997), is denied. In Passerrello, the third-party who was seeking to arbitrate under the sales agreement between the buyer and seller was the bank that financed the purchase. While the bank was not a party to the sales contract, the contract stated that it would not take effect until it was approved by the bank, and further stated that the bank was entitled to assert any claims or defenses which the buyer could assert. That language was sufficient to support the panel's finding that the bank was an intended beneficiary of the sales agreement and the arbitration clause contained therein.

In the instant case, as the original opinion noted, there was no evidence that Phoenix American was an intended beneficiary of the contract containing the arbitration clause.

STONE, WARNER, and POLEN, JJ., concur.


Summaries of

Roberts v. Lloyd Edwards, Inc.

District Court of Appeal of Florida, Fourth District
May 7, 1997
695 So. 2d 400 (Fla. Dist. Ct. App. 1997)
Case details for

Roberts v. Lloyd Edwards, Inc.

Case Details

Full title:CONSTANCE ROBERTS, Appellant, v. JOSHUA LLOYD and STEVE EDWARDS, INC.…

Court:District Court of Appeal of Florida, Fourth District

Date published: May 7, 1997

Citations

695 So. 2d 400 (Fla. Dist. Ct. App. 1997)

Citing Cases

Cunningham Hamilton v. B.L. of Miami

It is well established that the courts broadly construe arbitration provisions containing the language,…