Kelly v. Azar

The defendants, Frank Kelly and Jose-phthal & Co., Inc. [collectively referred to as “Josephthal”], appeal from a non-final order denying their motion to stay pending arbitration. We have jurisdiction pursuant to rule 9.130(a)(3)(C)(v), Florida Rules of Appellate Procedure and reverse and remand for an evidentiary hearing.

Alberto Soberanes Azar and Sara Beatriz Albert Zepeda [collectively referred to as “the customers”] discussed opening an account at Josephthal with Frank Kelly, a Josephthal representative. Josephthal is a securities broker-dealer. The customers, residents of Mexico, do not…