FASTFUNDING THE COMPANY, INC., APPELLANT,
v.
WENDY BETTS, APPELLEE
FASTFUNDING THE COMPANY, INC., APPELLANT,
WENDY BETTS, APPELLEE
951 So. 2d 116
Florida District Court of Appeal, Fifth District (2007)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We consider this case on remand from the Florida Supreme Court. Betts v. Fast-Funding The Company, Inc., 950 So. 2d 379 (Fla. 2006). In light of Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440, 126 S.Ct. 1204, 163 L.Ed.2d 1038 (2006), we reverse and remand this case to the circuit court with directions that it be referred to arbitration. Under Cardegna, the arbitrator must determine whether the contract at issue is illegal (as usurious) under Florida law. Additionally, the arbitrator must determine whether, under Florida law, the arbitration may proceed as a class action. See Green Tree Fin. Corp. v. Bazzle, 539 U.S. 444, 123 S.Ct. 2402, 156 L.Ed.2d 414 (2003).
REVERSED AND REMANDED WITH DIRECTIONS.
THOMPSON, TORPY, and LAWSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Betts v. Fastfunding THE Co., Inc., 60 So. 3d 1079 (Fla. 5th DCA 2011)…ight years were spent litigating whether Appellant was bound by the arbitration agreement she signed. Once that question was answered affirmatively and, on remand from the Florida Supreme Court,1 this court in FastFunding The Company, Inc. v. Betts, 951 So. 2d 116, 116 (Fla. 5th DCA 2007), ordered: Under [Buckeye Check Cashing, Inc. v.] Cardegna, [546 U.S. 440, 126 S.Ct. 1204, 163 L.Ed.2d 1038 (2006)], the arbitrator must determine whether the contract at issue is illegal (as usurious) under Florida law. Add…1 / 2
Authorities Cited
- Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440 (U.S. 2006)
- Green Tree Fin. Corp. v. Bazzle, 539 U.S. 444 (U.S. 2003)
- Betts v. Fastfunding THE Co., Inc., 950 So. 2d 379 (Fla. 2006)