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685 So. 2d 102

Roberts v. Lloyd

District Court of Appeal of Florida

Decided January 8, 1997

District Court of Appeal of Florida · decided 1997-01-08

Cited by 3 later decisions — most recently December 2009

3 state decisions

Relies on Prima Paint Corp. v. Flood & Conklin Mfg. Co. · Genesco, Inc. v. T. Kakiuchi & Co. · 538 So. 2d 890 - Federated Title Insurers, Inc. v. Ward

Good law ✅— No negative treatment on recordhow we know

Decided 1997-01-08

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PER CURIAM.

¶1Appellant challenges the trial court’s order staying her claim for false advertising and deceptive trade practices and compelling arbitration pursuant to a contractual agreement “to submit any claims and disputes arising out of or relating in any manner to this agreement or breach thereof.” We affirm as to appellees Lloyd and Steve Edwards, Inc. See Florida Dep’t of Ins. v. World Re, Inc., 615 So.2d 267, 269 (Fla. 5th DCA 1993) (citing Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395, 87 S.Ct. 1801, 18 L.Ed.2d 1270 (1967)) see also Genesco, Inc. v. T. Kakiuchi & Co., 815 F.2d 840 (2d Cir.1987).

¶2We reverse the order as to Phoenix American who was not a party to the contract containing the arbitration clause. Federated Title Insurers, Inc. v. Ward, 538 So.2d 890 (Fla. 4th DCA 1989). There is no evidence that the parties to the sales contract intended to primarily and directly benefit Phoenix so as to make it a third party beneficiary entitled to rely on its terms. Tartell v. Chera, 668 So.2d 1105, 1106 (Fla. 4th DCA 1996). We reject appellant’s other arguments.

¶3Affirmed in part; reversed in pai*t.

STONE, WARNER and POLEN, JJ., concur.
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