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STEWART AGENCY, INC. v. ROBINSON

No. 4D02-4580.

855 So.2d 726 (2003)

STEWART AGENCY, INC., d/b/a Stewart Toyota of North Palm Beach and Stewart Toyota of North Palm Beach, Appellants, v. Elizabeth ROBINSON, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 15, 2003.

Attorney(s) appearing for the Case

Nancy W. Gregoire of Bunnell, Woulfe, Kirschbaum, Keller, McIntyre & Gregoire, P.A., Fort Lauderdale, and Mark J. Dearman of Dearman & Gerson, Plantation, for appellants.

Raymond G. Ingalsbe, Palm Beach Gardens, for appellee.

ON MOTION FOR REHEARING

WARNER, J.

We deny the motion for rehearing but withdraw our prior opinion and substitute the following in its place.

Stewart Agency, Inc. appeals the trial court's order denying its motion to compel arbitration. The court determined the arbitration clause was both procedurally and substantively unconscionable. Because both must be present to invalidate an arbitration...

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