5D04-2976 Presidential Leasing v. Krout

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-2976

Case Date: 02/28/2005

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2005

PRESIDENTIAL LEASING, INC., etc., Appellant, v. STEVEN KROUT, et al., Appellees. ________________________________/ Opinion filed March 4, 2005 Non-Final appeal from the Circuit Court for Orange County, Theotis Bronson, Judge. Mark J. Dearman and Robert J. Harkins of Dearman & Gerson, Plantation, for Appellant. J. Gordon Blau and Patrick H. Willis of J. Gordon Blau, P.A., Altamonte Springs, for Appellees. PLEUS, J. Presidential Leasing, Inc., etc., defendant below, takes this interlocutory appeal from an order denying its motion to dismiss and/or compel arbitration. Steven Krout sued the defendant following his purchase of a used BMW SUV. The complaint includes causes of action for revocation of acceptance, recission, fraud and misrepresentation, as well as deceptive and unfair trade practices. The defendant moved to dismiss and/or compel arbitration and stay proceedings based on paragraph Case No. 5D04-2976

14 of the purchase order, pursuant to which the sale was consummated, which provides: All disputes, claims or controversies arising from or relating to this Agreement...or the validity of the arbitration clause or the entire agreement, shall be resolved by binding arbitration, pursuant to

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