Wyrick v. Millennial Capital Company, LLC
A former apartment tenant sued her landlord and property manager over lease-termination fees, intending a class action, and the trial court compelled arbitration even though the defendants were non-signatories to the two arbitration agreements. The Sixth DCA affirmed, holding that because the agreements incorporated the JAMS Comprehensive Rules cluding Rule 11(b), which reserves to the arbitrator disputes over 'who are proper Parties to the Arbitration' the question whether non-signatories may enforce the agreements was clearly and unmistakably delegated to the arbitrator.
Key facts
- Former apartment tenant sued landlord and property manager for lease-termination fees, initiating a class action.
- Trial court compelled arbitration despite defendants being non-signatories to the two arbitration agreements at issue.
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Why it matters
This opinion stakes out a position in an emerging split over who decides whether a non-signatory may compel arbitration, expressly distinguishing Integrated Health Services (2d DCA 2025) and Odum (1st DCA 2019). Counsel… — full analysis with a trial
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