ROSEN v. SHEARSON LEHMAN BROS., INC.

No. 88-1103.

534 So.2d 1185 (1988)

Paul ROSEN and Judith Rosen, His Wife, Appellants, v. SHEARSON LEHMAN BROTHERS, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 11, 1989.


Attorney(s) appearing for the Case

Cohen & Silver and Patricia M. Silver, Miami, for appellants.

Paul, Landy, Beiley & Harper and Richard E. Brodsky, Miami, for appellee.

Before BARKDULL, DANIEL S. PEARSON and JORGENSON, JJ.


DANIEL S. PEARSON, Judge.

The question raised in this appeal of an order compelling arbitration is whether Shearson Lehman Brothers' act of suing the defendant-customers waives the stockbroker's right to arbitration or whether, as Shearson contends, the customers' failure to show that they were substantially prejudiced by the stockbroker's delay in seeking arbitration precludes the waiver. We agree with the customers that the stockbroker's institution of suit ipso...

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