DEAN WITTER REYNOLDS, INC., ALFRED L. CALIENDO, BRUCE P. COTTEN AND TIMOTHY P. MALONEY, APPELLANTS,
v.
GEORGE C. CLARKE, III, INDIVIDUALLY AND/OR AS TRUSTEE UTA DTD 12/23/83, APPELLEE
DEAN WITTER REYNOLDS, INC., ALFRED L. CALIENDO, BRUCE P. COTTEN AND TIMOTHY P. MALONEY, APPELLANTS,
GEORGE C. CLARKE, III, INDIVIDUALLY AND/OR AS TRUSTEE UTA DTD 12/23/83, APPELLEE
617 So. 2d 402
Florida District Court of Appeal, Third District (1993)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
This case presents the identical issue of the arbitrability of a limitations defense under the standard Dean Witter customer agreement which was involved in Victor v. Dean Witter Reynolds, Inc., 606 So. 2d 681 (Fla. 5th DCA 1992), review denied, 614 So. 2d 502 (Fla.1993), and Marschel v. Dean Witter Reynolds, Inc., 609 So. 2d 718 (Fla. 2d DCA 1992), review denied, 617 So. 2d 318 (Fla.1993). The decision below that the dispute must be arbitrated is affirmed on the authority of those decisions, with which we are in complete agreement.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Wylie v. Inv. Mgmt. & Research Inc., 629 So. 2d 898 (Fla. 4th DCA 1993)…and ANSTEAD, HERSEY, GLICKSTEIN, GUNTHER, STONE, WARNER, POLEN, KLEIN and PARIENTE, JJ., concur. . We note that our decision today is in accord with other District Courts of Appeal considering the question. See Dean Witter Reynolds, Inc. v. Clarke, 617 So. 2d 402 (Fla. 3d DCA 1993) (limitations defense must be arbitrated); Marschel v. Dean Witter Reynolds, Inc., 609 So. 2d 718 (Fla. 2d DCA 1992), rev. denied, 617 So. 2d 318 (Fla.1993) (same; parties are free to provide in arbitration agreement that limitatio…
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Zabler v. Resolution Tr. Corp. for Sec. First Fed. Sav. & Loan Ass'n, 756 So. 2d 124 (Fla. 4th DCA 2000)…whether interest due under the note was properly calculated. See Fatherly v. California Fed. Bank, FSB, 703 So. 2d 1101 (Fla. 2d DCA 1997); Pearlstein v. Pennsylvania Nat’l Bank & Trust Co., 668 So. 2d 330 (Fla. 4th DCA 1996); and Bakst v. F.D.I.C., 617 So. 2d 402 (Fla. 3d DCA 1993). [*125] The remaining issues raised by the appellant are without merit. Reversed and remanded for further proceedings. STONE, HAZOURI, JJ., and STETTIN, HERBERT, Senior Judge, concur.…
Authorities Cited
- Victor v. Dean Witter Reynolds, Inc., 606 So. 2d 681 (Fla. 5th DCA 1992)
- Marschel v. Dean Witter Reynolds, Inc., 609 So. 2d 718 (Fla. 2d DCA 1992)