Regions Bank v. Schmidt

District Court of Appeal of Florida

Regions Bank v. Schmidt

124 So. 3d 1039, 2013 WL 5927873, 2013 Fla. App. LEXIS 17646

CourtDistrict Court of Appeal of Florida

DecidedNovember 6, 2013

DocketNo. 2D13-718

StatusPublished

This text of 124 So. 3d 1039 (Regions Bank v. Schmidt) 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.

Bluebook

Regions Bank v. Schmidt, 124 So. 3d 1039, 2013 WL 5927873, 2013 Fla. App. LEXIS 17646 (Fla. Ct. App. 2013).

Pincite

Opinion

KHOUZAM, Judge.

Regions Bank appeals an order granting Steven J. Schmidt’s motion for class certification. We affirm without comment the certification of the class.

However, the trial court also found that Regions Bank waived the right to arbitrate with all of the other class members. That issue was not before the trial court. Consequently, without addressing the merits, we vacate that portion of the order so that Regions Bank may, if it chooses, litigate the potential impact of the arbitration clauses alleged to be in its agreements with class members.

Affirmed in part; vacated in part.

NORTHCUTT and BLACK, JJ., Concur.

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KHOUZAM, Judge.

Regions Bank appeals an order granting Steven J. Schmidt’s motion for class certification. We affirm without comment the certification of the class.

However, the trial court also found that Regions Bank waived the right to arbitrate with all of the other class members. That issue was not before the trial court. Consequently, without addressing the merits, we vacate that portion of the order so that Regions Bank may, if it chooses, litigate the potential impact of the arbitration clauses alleged to be in its agreements with class members.

Affirmed in part; vacated in part.

NORTHCUTT and BLACK, JJ., Concur.

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Bluebook (online)

124 So. 3d 1039, 2013 WL 5927873, 2013 Fla. App. LEXIS 17646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/regions-bank-v-schmidt-fladistctapp-2013.