HOLT v. O'BRIEN IMPORTS OF FORT MYERS, INC.

Nos. 2D02-3994, 2D02-4038.

862 So.2d 87 (2003)

Christopher HOLT and Matthew and Danielle Brollini, individually and on behalf of all others similarly situated, Appellants, v. O'BRIEN IMPORTS OF FORT MYERS, INC., d/b/a Fort Myers Mitsubishi, Fort Myers Daewoo, Fort Myers Subaru, Fort Myers Hyundai, Naples Hyundai, Naples Mitsubishi and Best Used Cars, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 11, 2003.


Attorney(s) appearing for the Case

William C. Bielecky of William C. Bielecky, P.A., Tallahassee, William L. Sundberg, of Sundberg & Hessman, P.A., Tallahassee, and Jerome A. Sico of Goldberg, Racila, Sico & Noone, P.A., Fort Myers, co-counsel, for Appellants.

Mark R. Kapusta of the Law Office of Bohdan Neswiacheny, Sarasota, for Appellees.


FULMER, Judge.

In these consolidated cases, Christopher Holt, Matthew Brollini, and Danielle Brollini, individually and on behalf of all others similarly situated, appeal orders that compel them to arbitrate their claims against O'Brien Imports of Fort Myers, Inc. We reverse because the arbitration agreement contains an attorney's fee provision that is contrary to statute and does not allow the arbitrator to award injunctive relief that is authorized by statute.<...

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