Friday, January 13, 2012

Case from the 1st DCA on Arbitration


Perdido Key Island Resort Dev. v. Regions Bank, 2012 Fla. App. LEXIS 356 (Fla. 1st DCA January 13, 2012) held that where a promissory note contained a narrowly drawn arbitration provision, but the mortgage note and personal guarantees did not, the obligation to arbitrate did not carry to the guarantors.  The mortgage, however, involved identical parties as the note and contained a clause incorporating all the terms of the note, making the mortgage foreclosure arbitrable. 

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