Bernhard Law Firm engaged to appeal arbitration order in consumer transaction dispute, files appellate briefs.

Check out the story and briefs here:
https://miamivisahelp.wordpress.com/2015/05/16/bernhard-law-firm-engaged-to-appeal-arbitration-order-in-consumer-transaction-dispute-files-appellate-briefs/

Bernhard Law FirmIf you want to discuss appeals of arbitration orders or seek help in an arbitration matter, contact Bernhard Law Firm at 786-871-3349 or abernhard@bernhardlawfirm.com.

See the briefs here:

APPEAL BRIEF 3.2.15

APPEAL REPLY BRIEF 5.15.15

Here’s an excerpt:

“Even where parties perform the initial formalities of contract formation—i.e. signing—they may still invalidate that contract through conduct inconsistent with its validity and enforceability, or acquiescence thereto. See, e.g., Maruri v. Maruri, 582 So. 2d 116, 117 (Fla. 3d DCA 1991). Florida law deems such conduct as abandonment, which renders a contract legally invalid and unenforceable. Id. Once abandoned, a contract may not be specifically enforced. Gustafson v. Jensen, 515 So. 2d 1298, 1301 (Fla. 3d DCA 1987).

“Appellee has in every way treated the buyer’s order as abandoned, invalid, and unenforceable. Appellee immediately failed to adhere to any of its provisions, and both parties acquiesced to these failures. Appellee went so far as to issue an apology letter to put the matter behind it. Given this mutual abandonment, the Court should find that there is no valid and enforceable contract between the parties, reversing enforcement of its arbitration provisions below. Id.

If you want to discuss appeals of arbitration orders or seek help in an arbitration matter, contact Bernhard Law Firm at 786-871-3349 or abernhard@bernhardlawfirm.com.

Bernhard Law Firm

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s