Wednesday, July 29, 2009

Availability of Arbitration?

In Puig v. All Motors Inc. (3D08-2676), the Third District affirmed the trial court's decision relying on two cases about the availability of arbitration.

Affirmed. See Aztec Med. Servs., Inc. v. Burger, 792 So. 2d 617 (Fla. 4th DCA 2001) (holding that claims under Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA) are arbitrable); cf. Hialeah Auto., LLC v. Basulto, 34 Fla. L. Weekly D248, D250 (Fla. 3d DCA Jan. 28, 2009) (concluding that claims for declaratory or injunctive relief were not arbitrable where arbitration clause contained provision that arbitration award “shall be issued without a written opinion”).


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