Florida District Courts of Appeal, 1988

Talton v. Albaugh

Talton v. Albaugh
Florida District Courts of Appeal · Decided October 19, 1988 · Glickstein, Hersey, Stone
531 So. 2d 1070; 13 Fla. L. Weekly 2340; 1988 Fla. App. LEXIS 4616; 1988 WL 107130 (Southern Reporter, Second Series)

Talton v. Albaugh

Opinion of the Court

PER CURIAM.

We affirm. See Leicht v. Bateman Eichler, Hill Richards, Inc., 848 F.2d 130 (9th Cir. 1988).

The options agreement between the parties, under which some 82% of the transactions took place, explicitly states that arbitration cannot be compelled with respect to disputes arising under federal securities laws. The subject provision, supplied by appellants, in no way indicates dependence on the rule set forth in Wilko v. Swan, 346 U.S. 427, 74 S.Ct. 182, 98 L.Ed. 168 (1953), which some courts, including this one, consider to have been overruled in Shearson/American Express, Inc. v. McMahon, 482 U.S. 220, 107 S.Ct. 2332, 96 L.Ed.2d 185 (1987).

HERSEY, C.J., and GLICKSTEIN and STONE, JJ., concur.

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