SC03-1679 – Wendy Betts v. Fastfunding The Company, Inc.

State: Florida

Docket No: SC03-1679

Case Date: 10/26/2006

Preview:Supreme Court of Florida
____________ No. SC03-1679 ____________ WENDY BETTS, Petitioner, vs. FASTFUNDING THE COMPANY, INC., Respondent. [October 26, 2006] PER CURIAM. We have for review FastFunding the Co. v. Betts, 852 So. 2d 353 (Fla. 5th DCA 2003), in which the Fifth District Court of Appeal relied on Betts v. Ace Cash Express, Inc., 827 So. 2d 294 (Fla. 5th DCA 2002), disapproved by McKenzie Check Advance of Florida, L.L.C. v. Betts, 928 So. 2d 1204 (Fla. 2006), and certified a question of great public importance to this Court. 1 The Fifth District also cited to an opinion from the Fourth District Court of Appeal that was 1. The Fifth District certified the following question: "Is an arbitration agreement enforceable when it is included as a requirement of a payment instrument sale executed pursuant to Florida Statute Chapter 560, Part II, and the arbitration is to be governed by the Federal Arbitration Act, 9 U.S.C. Sections 116?" FastFunding, 852 So. 2d at 355.

pending before this Court. See Buckeye Check Cashing, Inc. v. Cardegna, 824 So. 2d 228 (Fla. 4th DCA 2002), quashed, 894 So. 2d 860 (Fla. 2005), rev'd, 126 S. Ct. 1204 (2006), and approved, 930 So. 2d 610 (Fla. 2006). We have jurisdiction. See art. V,

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