Cooper v. Fine

District Court of Appeal of Florida

Cooper v. Fine

705 So. 2d 131, 1998 Fla. App. LEXIS 606, 1998 WL 27843

CourtDistrict Court of Appeal of Florida

DecidedJanuary 28, 1998

DocketNo. 97-2341

StatusPublished

Cited by2 cases

This text of 705 So. 2d 131 (Cooper v. Fine) 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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Cooper v. Fine, 705 So. 2d 131, 1998 Fla. App. LEXIS 606, 1998 WL 27843 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Appellant challenges an order which required her to arbitrate her claims with appel-lees Fine and JAR, LLC, a Virginia limited liability company. JAR had entered into an agreement to buy appellant’s stock in Cooper Academy of Court Reporting, Inc. Fine had guaranteed a promissory note in connection with the transaction. We reverse the order requiring appellant to arbitrate with Fine, as there was no arbitration provision in the promissory note or guaranty signed by Fine. We affirm the order requiring arbitration with JAR. Although appellant claims she is entitled to litigate the question of whether conditions precedent to arbitration were fulfilled, that issue is a question for the arbitrator. See Executive Life Ins. Co. v. John Hammer & Assocs., Inc., 569 So.2d 855, 857 (Fla. 2d DCA 1990).

GLICKSTEIN, GUNTHER and WARNER, JJ., concur.

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PER CURIAM.

Appellant challenges an order which required her to arbitrate her claims with appel-lees Fine and JAR, LLC, a Virginia limited liability company. JAR had entered into an agreement to buy appellant’s stock in Cooper Academy of Court Reporting, Inc. Fine had guaranteed a promissory note in connection with the transaction. We reverse the order requiring appellant to arbitrate with Fine, as there was no arbitration provision in the promissory note or guaranty signed by Fine. We affirm the order requiring arbitration with JAR. Although appellant claims she is entitled to litigate the question of whether conditions precedent to arbitration were fulfilled, that issue is a question for the arbitrator. See Executive Life Ins. Co. v. John Hammer & Assocs., Inc., 569 So.2d 855, 857 (Fla. 2d DCA 1990).

GLICKSTEIN, GUNTHER and WARNER, JJ., concur.

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705 So. 2d 131, 1998 Fla. App. LEXIS 606, 1998 WL 27843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooper-v-fine-fladistctapp-1998.

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