STROMINGER v. AmSOUTH BANK

No. 2D07-4971.

991 So.2d 1030 (2008)

Lawrence STROMINGER, Appellant, v. AmSOUTH BANK, Appellee.

District Court of Appeal of Florida, Second District.

October 15, 2008.


Attorney(s) appearing for the Case

Charles M. Schropp and Charles P. Schropp of Schropp Law Firm, P.A., Tampa, for Appellant.

John H. Pelzer and Robin F. Hazel of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for Appellee.


ALTENBERND, Judge.

Lawrence Strominger appeals a nonfinal order compelling arbitration of his claim against AmSouth Bank. We conclude that the trial court erred in compelling arbitration because AmSouth Bank waived arbitration when this claim was pending as a small claim in county court and, at least under the circumstances of this case, nothing associated with the amendment of the claim and transfer of the case to circuit court entitled AmSouth Bank to a second opportunity...

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