BANK OF AMERICA, N.A. v. BEVERLY

Nos. 4D14-3167, 4D14-3168.

183 So.3d 1099 (2015)

BANK OF AMERICA, N.A., Mark R. Maller, Brian Mormile, Douglas Divirgilio and Frederick Perry, Appellants, v. Don BEVERLY and Dean Kretschmar, Appellees.

District Court of Appeal of Florida, Fourth District.

June 10, 2015.


Attorney(s) appearing for the Case

Gary M. Bagliebter and Rachel H. LeBlanc of Shutts & Bowen LLP, Fort Lauderdale, for appellant Frederick Perry.

Kim M. Watterson , Mary J. Hackett and Jarrod D. Shaw of Reed Smith LLP, Pittsburgh, PA, Richard C. Hutchinson and Katherine M. Joffe of Holland & Knight LLP, Fort Lauderdale, and William N. Shepherd of Holland & Knight LLP, West Palm Beach, for appellants Bank of America, N.A., Mark R. Maller, Brian Mormile, and Douglas DiVirgilio.

Harley S. Tropin , Thomas A. Tucker Ronzetti , Adam M. Moskowitz , Gail A. McQuilkin and Dyanne E. Feinberg of Kozyak Tropin Throckmorton, LLP, Coral Gables, and William R. Scherer of Conrad & Scherer, LLP, Fort Lauderdale, for appellees.


Bank of America appeals from orders denying its request for arbitration in two cases, which we have consolidated for purposes of this appeal. It claims that an arbitration provision in a loan agreement with its customer, who is the plaintiff-appellee in one case, should apply to all appellees in both cases, and the trial court erred in...

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