McKENZIE CHECK ADVANCE OF FLA. v. BETTS

No. 4D15-1893.

191 So.3d 530 (2016)

McKENZIE CHECK ADVANCE OF FLORIDA, LLC d/b/a National Cash Advance, Steven A. McKenzie, Brenda G. Lawson, and unknown entities and individuals, Appellants, v. Wendy BETTS, Donna Reuter and Tiffany Kelly, individually and on behalf of others similarly situated, Appellees.

District Court of Appeal of Florida, Fourth District.

May 18, 2016.


Attorney(s) appearing for the Case

Lewis S. Wiener of Sutherland Asbill & Brennan LLP, Washington, DC, for appellant McKenzie Check Advance of Florida, LLC d/b/a National Cash Advance.

Virginia B. Townes , Lawrence Rochefort , and Carrie Ann Wozniak of Akerman LLP, Orlando, and Claudia Callaway of Katten Muchin Rosenman LLP, Washington, DC, for appellant Brenda Lawson.

Christopher Casper of James Hoyer Newcomer & Smiljanich, Tampa, E. Clayton Yates of E. Clayton Yates, P.A., Fort Pierce, and Theodore J. Leopold and Diana L. Martin of Cohen, Milstein, Sellers & Toll, Palm Beach Gardens, for appellees.


The defendants appeal from the circuit court's non-final order referring to an arbitrator the issue of whether an arbitration provision in the parties' loan contracts permits the plaintiffs to pursue their class action claims in arbitration. The defendants primarily argue that prior appellate proceedings already have determined that the...

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