SMITH v. ACKERMAN

No. 95-0817.

660 So.2d 416 (1995)

Lee R. SMITH, Appellant, v. Irving B. ACKERMAN, Appellee.

District Court of Appeal of Florida, Fourth District.

September 20, 1995.


Attorney(s) appearing for the Case

Howard A. Tescher of Kipnis, Tescher, Lippman, Valinsky & Kain, Fort Lauderdale, for appellant.

Dennis J. McGlothin of Dennis J. McGlothin, P.A., Fort Lauderdale, for appellee.


STEVENSON, Judge.

This is an appeal from a nonfinal order granting a motion to excuse arbitration. On the basis of appellant's confession of error, we reverse.

Appellant, Lee R. Smith, is an investment broker who allegedly advised appellee, Irving B. Ackerman, to enter into a promissory note with a Florida corporation. Ackerman is suing Smith for breach of fiduciary duty and fraudulent misrepresentation. Initially, Smith successfully moved to compel arbitration...

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