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McKENZIE v. BETTS

Nos. 4D08-493, 4D08-494.

55 So.3d 615 (2011)

Steve A. McKENZIE, Brenda G. Lawson, and McKenzie Check Advance of Florida, LLC d/b/a National Cash Advance, and Unknown Entities and Individuals, Appellants, v. Wendy BETTS and Donna Reuter, individually and on behalf of others similarly situated, Appellees.

District Court of Appeal of Florida, Fourth District.

February 2, 2011.

Attorney(s) appearing for the Case

Virginia B. Townes , Lawrence P. Rochefort and Carrie Ann Wozniak of Akerman Senterfitt, West Palm Beach, Raoul Cantero and Jaime Bianchi of White & Case, LLP, Miami, and Claudia Callaway of Katten Muchin Rosenman LLP, Washington, D.C., for appellants.

F. Paul Bland, Jr., and Amy Radon of Public Justice, Washington, D.C., Theodore J. Leopold and Diana L. Martin of Leopold Kuvin, P.A., Palm Beach Gardens, Christopher C. Casper of James, Hoyer, Newcomer & Smiljanich, P.A., Tampa, E. Clayton Yates of Yates & Mancini, LLC, Fort Pierce, and Richard A. Fisher of Richard Fisher Law Office, Cleveland, TN, for appellees.

James Kowalski, Jr. of the Law Offices of James A. Kowalski, Jr., PL, Jacksonville, and Deborah Zuckerman , Washington, D.C., for Amicus Curiae AARP.

GROSS, C.J.

The issue in this non-final appeal is whether the class action waiver in an arbitration agreement between McKenzie Check Advance and one of its customers violated public policy. The trial court found that the waiver went against public policy and denied McKenzie's motion to compel arbitration. McKenzie appeals. The record below supports the trial court's conclusion that consumers would not be able to obtain competent counsel in their actions against McKenzie...

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