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District Court of Appeal of Florida


Beazer Homes Corp. v. Bailey, 5D05-2229

Denial of motions to compel arbitration brought by a contractor and its sales representatives who sold lots to, and built homes for, plaintiffs are reversed and remanded where: 1) a cause of action for fraudulent inducement was within the scope of the arbitration provision; 2) Seifert v U.S. Home Corp., 750 So. 2d 633 (Fla. 1999), did not remove tort and fraud claims, such as those asserted in the case from arbitration; 3) FDUTPA claims were subject to arbitration; and 4) sales representatives could compel arbitration based on equitable estoppel.

Appellate Information

  • Decided 09/08/2006
  • Published 09/08/2006

Judges

  • SHARP, W., Senior Judge.

Court

  • District Court of Appeal of Florida

Counsel

  • For Appellant:
  • Steven L. Brannock, of Holland & Knight LLP, Tampa, and Thomas M. Burke and Christopher Annunziato of Holland & Knight LLP, Orlando, for Appellant.

  • For Appellees:
  • Kathleen M. Skambis and Christopher C. Skambis of The Skambis Law Firm, Orlando, for Appellee.
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