873 F.2d 1397 (11th Cir. 1989), 89-5084, Thomson McKinnon Securities, Inc. v. Salter

Docket Nº:89-5084.
Citation:873 F.2d 1397
Party Name:THOMSON McKINNON SECURITIES, INC., Plaintiff-Appellee, v. Kerrean L. SALTER, Defendant-Appellant. American Arbitration Association, Defendant.
Case Date:May 03, 1989
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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Page 1397

873 F.2d 1397 (11th Cir. 1989)

THOMSON McKINNON SECURITIES, INC., Plaintiff-Appellee,

v.

Kerrean L. SALTER, Defendant-Appellant.

American Arbitration Association, Defendant.

No. 89-5084.

United States Court of Appeals, Eleventh Circuit

May 3, 1989

Page 1398

Robert Dyer, Duckworth, Allen, Dyer & Doppelt, Orlando, Fla., for defendant-appellant.

Jack Stein, Stein, Rosenberg & Winikoff, Ft. Lauderdale, Fla., for plaintiff-appellee.

Appeal from the United States District Court for the Southern District of Florida.

Before TJOFLAT, VANCE and KRAVITCH, Circuit Judges.

BY THE COURT:

Appellee, Thomson McKinnon Securities, Inc. ("TMSI"), sued appellant, Kerrean L. Salter, in Florida state court to compel specific performance of the parties' agreement to arbitrate their securities dispute before the National Association of Securities Dealers ("NASD"). Salter removed the case to federal district court, where Judge Nesbitt granted TMSI's motion, enjoined Salter from pursuing arbitration before the American Arbitration Association ("AAA"), and directed arbitration before the NASD. Salter appealed, and TMSI moved this court to dismiss the appeal for lack of jurisdiction. We deny the motion.

I. FACTS

This dispute arose from a deficiency in a securities account maintained for Salter by TMSI. The parties agree that the dispute should be arbitrated, but they do not agree before whom it should be arbitrated. The district court found that Salter first demanded arbitration before the NASD and then, after TMSI agreed, changed her mind and submitted the dispute for arbitration before the AAA. Finding no reason that Salter should not be held to her initial agreement to arbitrate before the NASD, the court granted TMSI's motion to enjoin arbitration before the AAA and to direct arbitration before the NASD. This appeal followed, and TSMI moved to dismiss the appeal on the ground that we lack jurisdiction. 1

II. DISCUSSION

On November 19, 1988, the President signed into law the Judicial Improvements and Access to Justice Act, Pub.L. No. 100-702, 102 Stat. 4642 (1989), which, inter alia, amended the United States Arbitration Act, 9 U.S.C. Secs. 1 et seq., by adding section 15, which took effect on its enactment date and changed the law governing the appealability of orders disposing of requests to compel arbitration. See Delmay v. Paine Webber...

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