Legal Opinion

Pearson v. Peoples National Bank

District Court of Appeal of Florida

Decided July 24, 2013No. 1D13-0685Published

1Opinion of the CourtVan Nortwick, J.

David Pearson appeals a non-final order which, on motion from Peoples National Bank, appellee, stays a declaratory action and directs the parties to arbitration. Because the Bank waived its right to compel arbitration, the non-final order under review is erroneous and must be reversed.

In April 2010, Pearson and the Bank entered into a real estate sales contract under which Pearson agreed to purchase a vacant lot in Walton County. The lot as described in the contract included beach access. The Bank, however, was not ultimately able to convey that access and, as a result, has since argued that…

2Cases cited9 opinions

  1. National Foundation for Cancer Research v. A.G. Edwards & Sons, Inc., Harold T. HedgesCourt of Appeals for the D.C. Circuit · 1987
  2. Raymond James Financial v. SaldukasSupreme Court of Florida · 2005
  3. Roe v. Amica Mut. Ins. Co.Supreme Court of Florida · 1988
  4. Beverly Hills v. George Wimpey of Fla., Inc.District Court of Appeal of Florida · 1995
  5. Rosen v. Shearson Lehman Bros., Inc.District Court of Appeal of Florida · 1988

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