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VOICESTREAM WIRELESS v. U.S. COMMUNICATIONS

No. 4D04-4913.

912 So.2d 34 (2005)

VOICESTREAM WIRELESS CORPORATION, a foreign corporation, Appellant, v. U.S. COMMUNICATIONS, INC., a Florida corporation, VoiceNet Wireless, Inc., a Florida corporation, GSM Network, Inc., a Florida corporation, and CDB Duke Enterprises, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 20, 2005.

Attorney(s) appearing for the Case

Cory W. Eichhorn and Matthew Triggs of Proskauer Rose, LLP, Boca Raton, and Kristine McAlister Brown of Alston & Bird, LLP, Atlanta, Georgia, for appellant.

Harriet R. Lewis and Michael L. Stines of Weiss Serota Helfman Pastoriza Guedes Cole & Boniske, P.A., Fort Lauderdale for appellees GSM Network, Inc., a Florida corporation, and VoiceNet Wireless, Inc., a Florida corporation.

Steven M. Goldsmith of Steven M. Goldsmith, P.A., Boca Raton, and Scott W. Leeds of Leeds, Colby & Paris, P.A., Miami, for appellees U.S. Communications, Inc., a Florida corporation, and CDB Duke Enterprises, Inc., a Florida corporation.

HAZOURI, J.

This case involves the enforceability of an arbitration clause included in a contract executed by VoiceStream Wireless Corporation and each of the Appellees. The trial court found the contract both procedurally and substantively unconscionable and therefore, unenforceable. We disagree. We find certain contractual provisions unenforceable, but hold that the arbitration agreement is enforceable.

The contract involved in this appeal was executed between...

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