Florida District Courts of Appeal, 2013

Regions Bank v. Schmidt

Regions Bank v. Schmidt
Florida District Courts of Appeal · Decided November 6, 2013 · Black, Khouzam, Northcutt
124 So. 3d 1039; 2013 WL 5927873; 2013 Fla. App. LEXIS 17646 (Southern Reporter, Third Series)

Regions Bank v. Schmidt

Opinion of the Court

KHOUZAM, Judge.

Regions Bank appeals an order granting Steven J. Schmidt’s motion for class certification. We affirm without comment the certification of the class.

However, the trial court also found that Regions Bank waived the right to arbitrate with all of the other class members. That issue was not before the trial court. Consequently, without addressing the merits, we vacate that portion of the order so that Regions Bank may, if it chooses, litigate the potential impact of the arbitration clauses alleged to be in its agreements with class members.

Affirmed in part; vacated in part.

NORTHCUTT and BLACK, JJ., Concur.

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