Legal Opinion

Jewelry Repair Enterprises, Inc. v. Ajani

District Court of Appeal of Florida

Decided May 5, 2010No. 4D09-3132Published

1Opinion of the CourtMay, J.

The franchisor, Jewelry Repair Enterprises, Inc., directly appeals a non-final order determining that the franchisees, Dilshad Ajani and Noordin Ajani, are entitled to arbitration. The franchisor argues that the trial court erred in ordering arbitration because the arbitration provision in the contract did not apply to the non-compete provision of the agreement, which is the issue in dispute. We agree and reverse.

The franchisor and franchisees executed a franchise agreement. Pursuant to the agreement, the franchisees agreed “not [to] be actively engaged in any jewelry sales or jewelry repair…

2Cases cited3 opinions

  1. Citigroup, Inc. v. AmodioDistrict Court of Appeal of Florida · 2005
  2. BallenIsles Country Club, Inc. v. Dexter RealtyDistrict Court of Appeal of Florida · 2009
  3. Sitarik v. JFK Medical Center Ltd. PartnershipsDistrict Court of Appeal of Florida · 2009

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