Brown v. North Florida Surgeons, P.A.

District Court of Appeal of Florida

Brown v. North Florida Surgeons, P.A.

141 So. 3d 1292, 2014 WL 3709736, 2014 Fla. App. LEXIS 11583

CourtDistrict Court of Appeal of Florida

DecidedJuly 28, 2014

DocketNo. 1D12-3383

StatusPublished

This text of 141 So. 3d 1292 (Brown v. North Florida Surgeons, P.A.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brown v. North Florida Surgeons, P.A., 141 So. 3d 1292, 2014 WL 3709736, 2014 Fla. App. LEXIS 11583 (Fla. Ct. App. 2014).

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Opinion

ON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.

In Brown v. North Florida Surgeons, P.A., 110 So.3d 962 (Fla. 1st DCA 2013), we affirmed the trial court’s order compelling arbitration. Appellant petitioned the Florida Supreme Court for review, and by order dated June 9, 2014, the Court quashed our decision and remanded for reconsideration upon application of Franks v. Bowers, 116 So.3d 1240 (Fla.2013). We directed the parties to show cause why the trial court’s order should not be reversed based upon Franks. The parties agree that reversal is required because the agreement containing the arbitration clause at issue in this case is the same agreement that was invalidated in Franks. Accordingly, the trial court’s order compelling arbitration is reversed and this case is remanded for further proceedings.

REVERSED and REMANDED.

VAN NORTWICK, WETHERELL, and ROWE, JJ., concur.

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ON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.

In Brown v. North Florida Surgeons, P.A., 110 So.3d 962 (Fla. 1st DCA 2013), we affirmed the trial court’s order compelling arbitration. Appellant petitioned the Florida Supreme Court for review, and by order dated June 9, 2014, the Court quashed our decision and remanded for reconsideration upon application of Franks v. Bowers, 116 So.3d 1240 (Fla.2013). We directed the parties to show cause why the trial court’s order should not be reversed based upon Franks. The parties agree that reversal is required because the agreement containing the arbitration clause at issue in this case is the same agreement that was invalidated in Franks. Accordingly, the trial court’s order compelling arbitration is reversed and this case is remanded for further proceedings.

REVERSED and REMANDED.

VAN NORTWICK, WETHERELL, and ROWE, JJ., concur.

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141 So. 3d 1292, 2014 WL 3709736, 2014 Fla. App. LEXIS 11583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-north-florida-surgeons-pa-fladistctapp-2014.

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