PRUDENTIAL-BACHE SECURITIES, INC., A FOREIGN CORPORATION AND ANTHONY C. SOVIERO, APPELLANTS,
v.
DAVID L. SEGAL, APPELLEE

Fla. 4th DCA | 1992-08-19
No. 91-3617
HERSEY and GUNTHER, JJ., concur.
603 So. 2d 689 Florida District Court of Appeal, Fourth District (1992)

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Holding

The court held that an arbitration agreement executed after an employment dispute arose does not apply retroactively to that prior dispute.


Facts & Procedural History

An employee, Segal, had an employment dispute with his employer, Prudential. Segal later left Prudential and executed an agreement to arbitrate incide…

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Opinion of the Court
STONE, Judge.

STONE, Judge.

Affirmed. An employment dispute arose between Prudential and its employee, Se-gal. Segal later left Prudential, and executed an agreement to arbitrate incident to his registrations with the National Association of Securities Dealers and the New York Stock Exchange. Neither appellants nor appellee was an exchange member during their business relationship.

We find no error in the trial court’s conclusion that Segal’s subsequent agreement to arbitrate, executed incident to his registrations after his employment dispute with Prudential, does not constitute an agreement to arbitrate disputes arising prior to such registration. The rules of the NASD and NYSE do not provide that a registrant’s agreement to arbitrate disputes applies retroactively. See Shearson, Lehman, Hutton, Inc. v. Lifshutz, 595 So. 2d 996, 997 (Fla. 4th DCA 1992); AT & T Tech., Inc. v. Comm. Workers of Am., 475 U.S. 643, 106 S.Ct. 1415, 89 L.Ed.2d 648 (1986).

We deem Muh v. Newberger, Loeb & Co., Inc., 540 F. 2d 970 (9th Cir.1976) and the other authorities relied on by appellants inapposite.

HERSEY and GUNTHER, JJ., concur.


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