Banker Lopez Gassler P.A.
  • Practice Areas
  • Attorneys
  • News
  • Careers
  • Locations
  • About Us
Get In Touch
Get In Touch
Back to latest news

Mark Tinker Obtains Reversal Of An Order Denying The Right To Arbitrate

August 8, 2012

Mark Tinker, a Banker Lopez Gassler P.A. appellate attorney practicing in the firm’s St. Petersburg office, recently obtained the reversal of an order denying our client its contractual right to arbitrate. The plaintiff signed an admission agreement which contained an “optional” arbitration clause. It stated that the parties agreed to submit any disputes to arbitration, but that if they wanted to opt out of that agreement they could do so by drawing an X through the paragraph and initialing by the X. The plaintiff decided not to do so, but when she later had a fall and claimed injuries she nevertheless filed a lawsuit.

Our client immediately demanded arbitration pursuant to the contract. In response, the plaintiff’s lawyer handed her a photocopy of the agreement and told her to X through it and initial. She did so, and he then claimed that – since the contract did not specify when she could opt out – her post-incident, post-lawsuit, and even post-demand decision to do so was valid. The trial judge agreed, so BLG filed an appeal. The Second District Court of Appeal has now reversed that decision. Contracts are complete upon execution, and one side cannot unilaterally change a term without the other’s consent.

The opinions are available here:

  • August 08, 2012 / 2D11-6163 PDF

If you have questions or have encountered similar issues, please call Mr. Tinker at (877) BLG-4321.

Keep reading

August 22, 2012

Thirty Banker Lopez Gassler attorneys are named Best Lawyers in America for 2013

Read more
December 21, 2012

Congratulations to Roland Hermida

Read more
December 14, 2012

Defense Verdict for Rich Bowers and Jeff James

Read more
Banker Lopez Gassler P.A.
Locations

Tampa

501 E. Kennedy Boulevard
Suite 1700
Tampa, FL 33602

St. Petersburg

360 Central Avenue
Suite 1600
St. Petersburg, FL 33701

Orlando

315 East Robinson Street
Suite 680
Orlando, FL 32801

Fort Myers

4415 Metro Parkway
Suite 208
Fort Myers, FL 33916

Tallahassee

111 North Calhoun Street
Tallahassee, FL 32301

Fort Lauderdale

1200 South Pine Island Road
Suite 170
Plantation, FL 33324

Ocala

1900 S.E. 18th Avenue
Suite 300
Ocala, FL 34471

© 2025 Banker Lopez Gassler P.A., All Rights Reserved. |

Website Hosting & Web Development by RAD TECH

  • Contact us
  • Disclaimer
  • Compliance
  • Accessibility
  • LinkedIN
  • mail
All topics
  • All topics
  • Attorneys
  • Locations
  • Practice areas
  • News