Legal Opinion
Akin Bay Company, LLC v. Von Kahle
District Court of Appeal of Florida
Decided December 9, 2015No. 3D14-2671PublishedCited by 9 opinions
1Opinion of the CourtShepherd, J.
The issue in this non-final appeal is whether an assignee for the benefit of creditors, appointed pursuant to section 727.104 of the Florida Statutes (2012), is bound by a mediation and arbitration clause in an assignor’s agreement with a third-party. 1 We answer the question in the affirmative and reverse the contrary ruling of the trial court.
On April 3, 2012, Italkitchen International, Inc., Eurokitchen, Inc., Euro Group International Corp., JTN Holdings, Inc., Eurogroup Canada, Inc., Design District’ Holdings of Miami, LLC, and EK Hold- mgs LLC (collectively “Assignors” or “Italkitchen”)…
2Cases cited8 opinions
- Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
- Seifert v. US Home Corp.Supreme Court of Florida · 1999
- Hays and Company, as Trustee for Monge Oil Corporation v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Third Circuit · 1989
- In re General Assignment for the Benefit of Creditors of International Ribbon Mills, Ltd.New York Court of Appeals · 1975
- Moffatt & Nichol, Inc. v. B.E.A. International Corp.District Court of Appeal of Florida · 2010
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- IN RE: ASSIGNMENT FOR THE BENEFIT OF CREDITORS OF MIAMI PERFUME JUNCTION, INC. v. LESLIE S. OSBORNE, etc.District Court of Appeal of Florida · 2020
- IN RE: ASSIGNMENT FOR THE BENEFIT OF CREDITORS OF MIAMI PERFUME JUNCTION, INC. v. LESLIE S. OSBORNE, etc.District Court of Appeal of Florida · 2020
- Island Roofing and Restoration LLC, a/a/o Enclave at Naples Condominium Association, Inc. v. Empire Indemnity Insurance CompanyDistrict Court, M.D. Florida · 2026
- Kahle v. Cargill, Inc.District Court, S.D. New York · 2023
- Luzinski v. Coverys Specialty Insurance CompanyDistrict Court, M.D. Florida · 2025
4 more not listed; retrieve them via the Exa API.