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REGIONS BANK v. SCHMIDT

No. 2D13-718.

124 So.3d 1039 (2013)

REGIONS BANK, a foreign corporation authorized to do business in the State of Florida, Appellant, v. Steven J. SCHMIDT, Appellee.

District Court of Appeal of Florida, Second District.

November 6, 2013.

Attorney(s) appearing for the Case

J. Richard Caldwell, Jr. , Jared E. Smith , and Kevin R. Gowen of Rumberger, Kirk & Caldwell, P.A., Tampa, for Appellant.

Jonathan B. Cohen and Christopher Casper of James, Hoyer, Newcomer & Smiljanich, P.A., Tampa, and Ian R. Leavengood and Christopher C. Nash of Leavengood, Nash, Dauval & Boyle, P.A., St. Petersburg, for Appellee.

KHOUZAM, Judge.

Regions Bank appeals an order granting Steven J. Schmidt's motion for class certification. We affirm without comment the certification of the class.

However, the trial court also found that Regions Bank waived the right to arbitrate with all of the other class members. That issue was not before the trial court. Consequently, without addressing the merits, we vacate that portion of the order so that Regions Bank may, if it chooses, litigate...

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