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MORGAN STANLEY DW INC. v. HALLIDAY

No. 4D03-2875.

873 So.2d 400 (2004)

MORGAN STANLEY DW INC., and Jeffrey Jon, Appellants, v. Janet C. HALLIDAY, Elizabeth Ann Halliday, Susan Jane Halliday, Sarah Halliday Verrier, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 8, 2004.

Attorney(s) appearing for the Case

Peter J. Aldrich of Peter J. Aldrich, P.A., Palm Beach Gardens, for appellants.

Randall W. Henley, West Palm Beach, for appellee Janet C. Halliday.

FARMER, C.J.

The central issue in this appeal from an order denying arbitration is whether a non-signatory to an arbitration agreement is bound thereby as a third party beneficiary and must therefore arbitrate instead of suing in court. We affirm the denial and write to explain why this non-signatory is not bound to arbitrate.

Plaintiff in this lawsuit is the lifetime income beneficiary of a QTIP Trust. The Trust...

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