CourtCases2010

14 we reverse and remand with directions to the lower

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Unformatted text preview: the claim against KFC preceded the agreements to arbitrate, the claim was made after Beauregard signed the agreements. 14 We reverse and remand with directions to the lower court to enter an order compelling arbitration of Beauregard's negligent hiring claim against KFC. REVERSED AND REMANDED. HARRIS, J. concurs. GRIFFIN, C.J., dissents, with opinion. DISSENTBY: GRIFFIN DISSENT: GRIFFIN, J., dissenting. I respectfully dissent because, in my view, the lower court correctly ruled that the arbitration provisions contained in the KFC form employment application did not require arbitration of a personal injury claim that arose one year before she [**5] [*632] signed the application. Nor, for that matter, do I believe the arbitration clause applies to the personal injury claim. In order for such an adhesion provision to be valid, it must be clear. This one is not. I would affirm the lower court's denial of the motion to compel arbitration. 15 Case # 4 PAUL v. HOLBROOK & PROFESSIONAL MEDICAL PRODUCTS MEREDITH A. PAUL, Appellant, v. PAUL HOLBROOK and PROFESSIONAL MEDICAL PRODUCTS, INC., Appellees. CASE NO. 96-2496 COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT 696 So. 2d 1311; 1997 Fla. App. LEXIS 8224; 71 Empl. Prac. Dec. (CCH) P44,861; 22 Fla. Law W. D 1732 July 18, 1997, Opinion filed SUBSEQUENT HISTORY: [**1] Released for Publication August 6, 1997. PRIOR HISTORY: Appeal from the Circuit Court for Marion County, Carven D. Angel, Judge. DISPOSITION: AFFIRMED in part; REVERSED in part; and REMANDED. COUNSEL: Julius L. Williams of Julius L. Williams, P.A., Orlando, for Appellant. Edward L. Scott of Scott & Gleason, P.A., Ocala, for Appellee, Paul Holbrook. Kimberly A. Wells, Carlos J. Burruezo, and David L. Gordon, of Jackson, Lewis, Schnitzler and Krupman, Orlando, for Appellee, Professional Medical Products, Inc. JUDGES: ORFINGER, R.B., Associate Judge. HARRIS and PETERSON, JJ., concur. OPINIONBY: R. B. ORFINGER OPINION: [*1311] ORFINGER, R.B., Associate Judge. Meredith A....
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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