CHAPMAN v. KING MOTOR CO. OF SOUTH FLORIDA

No. 4D01-4993.

833 So.2d 820 (2002)

John CHAPMAN and Terry G. VILLAIRE, Appellants, v. KING MOTOR COMPANY OF SOUTH FLORIDA, a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 16, 2003.


Attorney(s) appearing for the Case

Sharon C. Degnan and Diane H. Tutt of Diane H. Tutt, P.A., Plantation, for appellants.

Ricardo A. Reyes of Tobin & Reyes, P.A., Boca Raton and Nancy W. Gregoire of Bunnell, Woulfe, Kirschbaum, Keller, McIntyre & Gregoire, P.A., Fort Lauderdale, for appellee.


WARNER, J.

In this appeal, appellants/plaintiffs challenge the trial court's order requiring the parties to arbitrate their case before they had the opportunity to conduct discovery and have an evidentiary hearing on the issue of the unconscionability of the arbitration clause. Because we conclude that an evidentiary hearing is required, we reverse.

Appellants filed a complaint for violations of the Motor Vehicle Retail Sales Finance Act, the Florida Deceptive...

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