Weiss v. Prudential-Bache Securities, Inc.

The final summary judgment entered in the declaratory judgment action below is reversed, and the cause is remanded to the trial court with directions to grant the relief requested in the complaint for declaratory decree and to enjoin the arbitration proceedings in this cause. We reach this result based on the following briefly stated legal analysis.

First, the parties entered into two separate written contracts, both of which were separately signed by the parties. The first contract was a corporate command account agreement which contained no arbitration clause; the second contract was a…