BANK OF AMERICA N.A. v. EVANS

No. 3D06-1458.

948 So.2d 998 (2007)

BANK OF AMERICA N.A., Appellant, v. Michele L. EVANS, Appellee.

District Court of Appeal of Florida, Third District.

February 21, 2007.


Attorney(s) appearing for the Case

Foley & Lardner and John R. Hamilton and Christi R. Adams, Orlando, for appellant.

Ginsberg & Schwartz, Miami, and Todd R. Schwartz, Pembroke Pines; Cohen & Owens, for appellee.

Before WELLS and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge.


SCHWARTZ, Senior Judge.

Bank of America, the issuer of a credit card, appeals from the denial of its application for arbitration of a dispute with a cardholder. We affirm.

The basis of the trial court's ruling on the issue was the determination that the cardholder, Ms. Evans, had never received the "Agreement" which purportedly contained the arbitration clause. Because Ms. Evans' unequivocal denial of having received such a contract created an issue of fact...

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