Determination of Assignability Case

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Marcum, LLP v. Alan Potakin, 38 Fla. L. Weekly D390b, Case No. 3D12-1867, filed February 20, 2013: Upheld trial court's denial for a declaratory judgment that the right to arbitrate is non-assignable, unless assignment was prohibited by contract, the contractual obligation are of a personal nature, or public policy precludes assignment. In so holding, the court affirmed that any determination of assignability was within the jurisdiction of the arbitrator, and not for the court to decide.
(From RPPTL Subcommittee).

 Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

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