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Jackson v. Shakespeare Foundation, Inc.

Supreme Court of Florida
108 So.3d 587 (2013)


Facts

George and Kerry Jackson (defendants) advertised the sale of a parcel of land. The advertisement stated that the property did not contain any wetlands. However, the Jacksons had a property analysis stating that 25 percent of the land was wetlands. Shakespeare Foundation, Inc. (plaintiff), in reliance on the advertisement, contracted with the Jacksons to buy the property. The contract contained an arbitration provision stating that all claims “arising out of or relating to” the transaction would be subject to arbitration. Also, the contract limited the remedies, including those awarded by the arbitrator, to those that were provided for explicitly in the contract. Finally, the contract contained an “as is” clause. Shakespeare hired a company to conduct a wetlands analysis of the property. The company’s analysis stated that the property was 26 percent wetlands. Shakespeare sued the Jacksons for fraudulent misrepresentation. The Jacksons filed a motion to dismiss based on the contract’s arbitration clause. The trial court granted the motion. The Florida Court of Appeal reversed. The Jacksons appealed.

Rule of Law

Issue

Holding and Reasoning (Lewis, J.)

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