Berkowitz, Dick, Pollack & Bryant v. Smith

Appellant, the accounting firm of Ber-kowitz, Dick, Pollack & Brant (“Berkow-itz”), challenges the trial court’s denial of its motion to compel arbitration of a claim for professional malpractice in connection with appellee Barry Smith’s tax returns. Smith claimed that no arbitration agreement covered these claims. Berkowitz did not request an evidentiary hearing on the issue, so we have only the pleadings and supporting documents from which to determine the issue. Based upon those records, we affirm.

Smith’s complaint for malpractice contains the factual information on which both the trial…