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CITIGROUP, INC. v. BOLES

No. 4D04-3480.

914 So.2d 23 (2005)

CITIGROUP, INC.; Citicorp Investment Services, Inc.; and Citigroup Global Markets, Inc., formerly Salomon Smith Barney, Inc., Appellants, v. Danny D. BOLES, Linda M. Boles, and Scott D. Sullivan, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 29, 2005.

Attorney(s) appearing for the Case

Mark F. Bideau, Joseph C. Coates, III, and Lorie M. Gleim of Greenberg Traurig, P.A., West Palm Beach, and Elliot H. Scherker and Pamela A. DeBooth of Greenberg Traurig, P.A., Miami, for appellants.

Jane Kreusler-Walsh and Rebecca Mercier-Vargas of Jane Kreusler-Walsh, P.A., and Theodore Babbitt of Babbitt, Johnson, Osborne & LeClainche, P.A., West Palm Beach, for Appellees-Danny D. Boles and Linda M. Boles.

STONE, J.

We affirm an order denying Citigroup's (Appellants collectively) motion to compel arbitration. The primary issue on appeal is whether the arbitration clause in the Boleses' investment account agreement incorporates tort claims that are wholly unrelated to the account.

Danny Boles acquired stock in MCI Communications, which was subsequently acquired by Worldcom. Boles, having no training in stock analysis or investment evaluation, claims that he read...

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