Talton v. Albaugh

District Court of Appeal of Florida

Talton v. Albaugh

531 So. 2d 1070, 13 Fla. L. Weekly 2340, 1988 Fla. App. LEXIS 4616, 1988 WL 107130

CourtDistrict Court of Appeal of Florida

DecidedOctober 19, 1988

DocketNo. 88-0598

StatusPublished

This text of 531 So. 2d 1070 (Talton v. Albaugh) 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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Talton v. Albaugh, 531 So. 2d 1070, 13 Fla. L. Weekly 2340, 1988 Fla. App. LEXIS 4616, 1988 WL 107130 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

We affirm. See Leicht v. Bateman Eichler, Hill Richards, Inc., 848 F.2d 130 (9th Cir.1988).

The options agreement between the parties, under which some 82% of the transactions took place, explicitly states that arbitration cannot be compelled with respect to disputes arising under federal securities laws. The subject provision, supplied by appellants, in no way indicates dependence on the rule set forth in Wilko v. Swan, 346 U.S. 427, 74 S.Ct. 182, 98 L.Ed. 168 (1953), which some courts, including this one, consider to have been overruled in Shearson/American Express, Inc. v. McMahon, 482 U.S. 220, 107 S.Ct. 2332, 96 L.Ed.2d 185 (1987).

HERSEY, C.J., and GLICKSTEIN and STONE, JJ., concur.

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PER CURIAM.

We affirm. See Leicht v. Bateman Eichler, Hill Richards, Inc., 848 F.2d 130 (9th Cir.1988).

The options agreement between the parties, under which some 82% of the transactions took place, explicitly states that arbitration cannot be compelled with respect to disputes arising under federal securities laws. The subject provision, supplied by appellants, in no way indicates dependence on the rule set forth in Wilko v. Swan, 346 U.S. 427, 74 S.Ct. 182, 98 L.Ed. 168 (1953), which some courts, including this one, consider to have been overruled in Shearson/American Express, Inc. v. McMahon, 482 U.S. 220, 107 S.Ct. 2332, 96 L.Ed.2d 185 (1987).

HERSEY, C.J., and GLICKSTEIN and STONE, JJ., concur.

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531 So. 2d 1070, 13 Fla. L. Weekly 2340, 1988 Fla. App. LEXIS 4616, 1988 WL 107130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/talton-v-albaugh-fladistctapp-1988.

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