Legal Opinion
National Financial Services, LLC v. Mahan
District Court of Appeal of Florida
Decided October 14, 2009No. Nos. 3D08-2862, 3D08-2861PublishedCited by 4 opinions
1Opinion of the CourtCortinas, J.
Bank of America Corporation (BAC), Bank of America, N/A (BOA), Banc of America Investment Services (BAIS) (collectively, BOA appellants), and National Financial Services, LLC (NFS) * seek review of the trial court’s order denying their motions to compel arbitration. We reverse.
In January 2000, James Mahan opened a BAIS money market account (“account”) and an associated BOA checking account. To do so, he completed a four-page application, including an optional margin borrowing section, which twice stated that the customer agreement would require all disputes be settled by binding arbitration.…
2Cases cited5 opinions
- Powertel, Inc. v. BexleyDistrict Court of Appeal of Florida · 1999
- Romano Ex Rel. Romano v. Manor Care, Inc.District Court of Appeal of Florida · 2003
- Murphy v. Courtesy Ford, LLCDistrict Court of Appeal of Florida · 2006
- Prieto v. Healthcare and Retirement Corp.District Court of Appeal of Florida · 2005
- Briceno v. Sprint Spectrum, LPDistrict Court of Appeal of Florida · 2005
3Cited by4 opinions
- Pendergast v. Sprint Nextel Corp.Court of Appeals for the Eleventh Circuit · 2010
- Roberto Basulto v. Hialeah Automotive, etc.Supreme Court of Florida · 2014
- Roberto Basulto v. Hialeah Automotive, etc.Supreme Court of Florida · 2014
- SHEDDF2-FL3, LLC, etc. v. PENTHOUSE SOUTH, LLC, etc.District Court of Appeal of Florida · 2020