10-6607 DUVAL MOTORS COMPANY d/b/a DUVAL FORD, v. CASSANDRA ROGERS and ALTON ROGERS

State: Florida

Court: Florida First District Court

Docket No: 10-6607

Case Date: 06/21/2011

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DUVAL MOTORS COMPANY d/b/a DUVAL FORD, Appellant, CASE NO. 1D10-6607 v. CASSANDRA ROGERS and ALTON ROGERS, Appellees. _____________________________/ Opinion filed June 21, 2011. An appeal from the Circuit Court for Duval County. James L. Harrison, Judge. Kevin T. Smith of Law Offices of Bohdan Neswiacheny, Orange Park, for Appellant. Lynn Drysdale of Jacksonville Area Legal Aid, Inc., Jacksonville; Raymond G. Ingalsbe, Palm Beach Gardens, for Appellees. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

LEWIS, J. Duval Motors Company d/b/a Duval Ford, Appellant, seeks review of an order denying its motion to compel arbitration of several claims filed by Cassandra and Alton Rogers, Appellees. Appellant contends that the parties have a valid

agreement requiring arbitration of Appellees' claims. For the reasons explained below, we disagree with Appellant and affirm the trial court's decision. On June 19, 2009, the parties signed multiple documents related to a vehicle purchase transaction. One of those documents is the Retail Installment Sales Contract ("RISC"). The RISC identifies Appellees as the Buyer and Co-Buyer and Appellant as the Seller-Creditor. It then sets forth the following terms: You, the Buyer (and Co-Buyer, if any), may buy the vehicle below for cash or on credit. By signing this contract, you choose to buy the vehicle on credit under the agreements on the front and back of this contract. You agree to pay the Seller

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