From Casetext: Smarter Legal Research

Passerrello v. Robert L. Lipton, Inc.

District Court of Appeal of Florida, Fourth District
Feb 5, 1997
690 So. 2d 610 (Fla. Dist. Ct. App. 1997)

Summary

In Passerrello, a Florida appellate court held that a bank that was assigned a financing agreement on an automobile could enforce an arbitration provision in the sales contract between the buyer and dealer over the buyer's objections. 690 So. 2d at 611.

Summary of this case from Julian v. Rollins, Inc.

Opinion

Case No. 96-1459

Opinion filed February 5, 1997 Rehearing and Clarification Denied April 18, 1997

Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Leonard L. Stafford, Judge; L.T. Case No. 95-17361 02.

Jerard Clifford Heller, Fort Lauderdale, for appellant.

Joseph L. Schneider and Charles F. Otto, Jr., of Joseph L. Schneider, P.A., Hollywood, for Appellee-Capital Bank.

Les Stracher and Mark E. Atlas of Stracher Harmon, P.A., Fort Lauderdale, for Appellees-Robert L. Lipton, Inc., and Robert L. Lipton.


After buying a used car from Lipton Toyota, plaintiff filed this lawsuit alleging statutory false advertising and deceptive trade practices based on a claim that the dealer had misrepresented that the vehicle had never been in an accident. She named the bank that financed the transaction a defendant on the ground that the financing contract provided that the bank was "subject to all claims and defenses" which plaintiff could assert against the dealer. She appeals an order requiring her to arbitrate, which we affirm.

The purchase contract provided for arbitration of "any controversy or claim arising out of or relating to this contract, or the breach thereof. . . ." Plaintiff's first argument is that because her claim is essentially fraud in the inducement to enter into the contract, the arbitration provision does not control. It is well settled, however, that where the entire agreement is alleged to have been fraudulently induced, not the arbitration provision itself, the entire matter is to be resolved by arbitration. Manning v. Interfuture Trading, Inc., 578 So.2d 842 (Fla. 4th DCA 1991); Ronbeck Constr. Co. v. Savanna Club Corp., 592 So.2d 344 (Fla. 4th DCA 1992); Medident Constr., Inc. v. Chappell, 632 So.2d 194 (Fla. 3d DCA 1994).

Plaintiff alternatively argues that she is not required to arbitrate with the bank because there is no arbitration provision in the financing contract, which was executed by plaintiff and the dealer at the same time as the purchase contract and assigned to the bank. We rejected that argument in a case involving identical facts, Morse Operations, Inc. v. Sonar Radio Corp., 449 So.2d 1002 (Fla. 4th DCA 1984). Plaintiff herself acknowledges that both the claim against the dealer and the claim against the bank should be litigated in the same forum, and where, as here, there is no independent wrongdoing alleged against the bank, that forum should be the one which the parties selected in the purchase contract.

Affirmed.

FARMER and SHAHOOD, JJ., concur.


Summaries of

Passerrello v. Robert L. Lipton, Inc.

District Court of Appeal of Florida, Fourth District
Feb 5, 1997
690 So. 2d 610 (Fla. Dist. Ct. App. 1997)

In Passerrello, a Florida appellate court held that a bank that was assigned a financing agreement on an automobile could enforce an arbitration provision in the sales contract between the buyer and dealer over the buyer's objections. 690 So. 2d at 611.

Summary of this case from Julian v. Rollins, Inc.

applying arbitration agreements to deceptive trade practice and fraud claims

Summary of this case from Murphy v. Courtesy Ford, L.L.C
Case details for

Passerrello v. Robert L. Lipton, Inc.

Case Details

Full title:VICTORIA PASSERRELLO, Appellant, v. ROBERT L. LIPTON, INC. and ROBERT L…

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 5, 1997

Citations

690 So. 2d 610 (Fla. Dist. Ct. App. 1997)

Citing Cases

Cunningham Hamilton v. B.L. of Miami

It is well established that the courts broadly construe arbitration provisions containing the language,…

Simpson v. Cohen

[1-3] The complaint alleged that the entire agreement had been fraudulently induced by the defendants'…