McKenzie Check Advance v. Betts

Respondents' Brief in Opposition to Petition for Writ of Mandamus


Response in opposition to petition for writ of mandamus that seeks to have Florida Supreme Court quash order of Fourth District Court of Appeal dismissing appeal. Defendants appealed interlocutory order of trial court that found class ban provision in arbitration clause is unenforceable under Florida law and denied motion to compel arbitration after parties stipulated that Defendants did not have to go to arbitration without class provision in contract. The district court determined that it did not have jurisdiction to review this nonfinal order as an order "determining the entitlement to arbitration" because the trial court's order did not determine whether Defendants were entitled to arbitration, it determined only that class ban provision was unenforceable. This response argues in favor of upholding the ruling of the Fourth District Court of Appeal.

LOADING PDF: If there are any problems, click here to download the file.

Reference Info:Appellate Brief | State, 11th Circuit, Florida | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Diana Martin, Leopold~Kuvin, PA | Attorney Advertising

Written by:


Leopold~Kuvin, PA on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.