Daugherty v. Dean Witter Reynolds, Inc.

District Court of Appeal of Florida

Daugherty v. Dean Witter Reynolds, Inc.

618 So. 2d 802, 1993 Fla. App. LEXIS 6139, 1993 WL 187987

CourtDistrict Court of Appeal of Florida

DecidedJune 4, 1993

DocketNo. 92-03996

StatusPublished

This text of 618 So. 2d 802 (Daugherty v. Dean Witter Reynolds, Inc.) 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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Daugherty v. Dean Witter Reynolds, Inc., 618 So. 2d 802, 1993 Fla. App. LEXIS 6139, 1993 WL 187987 (Fla. Ct. App. 1993).

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Opinion

BLUE, Judge.

The appellants challenge the trial court’s order granting the appellees’ motion for a temporary injunction staying arbitration proceedings. We reverse.

This court has recently decided a case involving a similar factual situation and the same defendant. See Marschel v. Dean Witter Reynolds, Inc., 609 So.2d 718 (Fla. 2d DCA 1992). In Marschel, we determined that the statute of limitations and repose defenses raised by Dean Witter should be determined by the arbitrators in accordance with the agreements executed by the parties, and reversed the trial court’s order granting Dean Witter’s motion for temporary injunction. This case involves the identical agreement, the same defendant, and similar arguments. Accordingly, we reverse the order and remand for further proceedings.

Reversed and remanded.

FRANK, A.C.J., and THREADGILL, J., concur.

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BLUE, Judge.

The appellants challenge the trial court’s order granting the appellees’ motion for a temporary injunction staying arbitration proceedings. We reverse.

This court has recently decided a case involving a similar factual situation and the same defendant. See Marschel v. Dean Witter Reynolds, Inc., 609 So.2d 718 (Fla. 2d DCA 1992). In Marschel, we determined that the statute of limitations and repose defenses raised by Dean Witter should be determined by the arbitrators in accordance with the agreements executed by the parties, and reversed the trial court’s order granting Dean Witter’s motion for temporary injunction. This case involves the identical agreement, the same defendant, and similar arguments. Accordingly, we reverse the order and remand for further proceedings.

Reversed and remanded.

FRANK, A.C.J., and THREADGILL, J., concur.

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618 So. 2d 802, 1993 Fla. App. LEXIS 6139, 1993 WL 187987, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daugherty-v-dean-witter-reynolds-inc-fladistctapp-1993.

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