Arrate v. Volkswagen of America, Inc.

District Court of Appeal of Florida

Arrate v. Volkswagen of America, Inc.

932 So. 2d 363, 2006 Fla. App. LEXIS 3724, 2006 WL 662188

District Court of Appeal of Florida·Decided March 17, 2006·No. No. 2D05-3854·Published

Opinion

PER CURIAM.

This is an appeal from a final judgment dismissing, with prejudice, a civil suit concerning the purchase of an allegedly defective automobile. The trial court concluded that the dispute was subject to mandatory arbitration.

The appellee now concedes error and recognizes that arbitration was not mandatory and that the action should proceed in the trial court.

Accordingly, we vacate the final judgment, and we remand the case for further proceedings in the trial court.

Vacated and remanded.

KELLY, WALLACE, and LaROSE, JJ., Concur.

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PER CURIAM.

This is an appeal from a final judgment dismissing, with prejudice, a civil suit concerning the purchase of an allegedly defective automobile. The trial court concluded that the dispute was subject to mandatory arbitration.

The appellee now concedes error and recognizes that arbitration was not mandatory and that the action should proceed in the trial court.

Accordingly, we vacate the final judgment, and we remand the case for further proceedings in the trial court.

Vacated and remanded.

KELLY, WALLACE, and LaROSE, JJ., Concur.

Arrate v. Volkswagen of America, Inc., 932 So. 2d 363, 2006 Fla. App. LEXIS 3724, 2006 WL 662188 (Fla. Ct. App. 2006).

Pincite

932 So. 2d 363 (Arrate v. Volkswagen of America, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.