Legal Opinion

Kendall Imports, LLC v. Diaz

District Court of Appeal of Florida

Decided February 1, 2017No. 3D15-1985PublishedCited by 13 opinions

1Opinion of the CourtRothenberg, J.

FACTS AND PROCEDURAL HISTORY

Kendall Imports, LLC (“Kendall”) sold automobiles to Dayron Ortega (“Ortega”), Erislandis Marquez (“Marquez”), and Dia-nellys Y. Diaz (“Diaz”) (collectively, “the Buyers”). The Buyers do not speak or read English. When the Buyers purchased their vehicles, they each signed two documents that were written in English—a purchase order (“purchase order”) and a retail installment sales contract (“financing agreement”) (collectively, “the documents”). Both the purchase order and the financing agreement contained arbitration clauses, but they were not identical.

The Buyers…

2Cases cited37 opinions

  1. Hall Street Associates, L. L. C. v. Mattel, Inc.Supreme Court of the United States · 2008
  2. Stolt-Nielsen S. A. v. AnimalFeeds International Corp.Supreme Court of the United States · 2010
  3. Mastrobuono v. Shearson Lehman Hutton, Inc.Supreme Court of the United States · 1995
  4. Seifert v. US Home Corp.Supreme Court of Florida · 1999
  5. Gainesville Health Care Center, Inc. v. WestonDistrict Court of Appeal of Florida · 2003

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3Cited by13 opinions

  1. Lowe v. Nissan of Brandon, Inc.District Court of Appeal of Florida · 2018
  2. Aaron Sudbury, M.D. and Florida Woman Care, LLC v. Kenneth Konsker, M.D.District Court of Appeal of Florida · 2026
  3. Baxter v. MiscavigeDistrict Court, M.D. Florida · 2023
  4. CEFCO d/b/a Which Wich Superior Sandwiches v. Jaime OdomDistrict Court of Appeal of Florida · 2019
  5. JOSE RAMOS RODRIGUEZ v. THE RESPONSIVE AUTO INSURANCE COMPANYDistrict Court of Appeal of Florida · 2023

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