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.

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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.

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