United States Eleventh Circuit

In a dispute over construction equipment franchise agreements, denial of motion to compel arbitration is affirmed where: 1) the arbitration clauses in the franchise agreements between the parties do not require arbitration of any dispute between the plaintiffs and the financing defendant, which is an affiliate of the other defendant; and 2) on this record, there is no non-contractual basis for forcing the financing defendant into arbitration.

Appellate Information

• Decided 02/22/2008
• Published 02/22/2008

Judges

• MARCUS, Circuit Judge:, Before TJOFLAT, MARCUS and WILSON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Duncan J. Farmer, Burger, Trailor, Farmer, P.A., McDonald Hopkins, LLC, West Palm Beach, FL, for Appellants.


• For Appellees:
  
• Brett Jeremy Schneider, Marc J. Gottlieb, Akerman, Senterfitt & Eidson, P.A., Ft. Lauderdale, FL, for Appellees.