Civil Litigation
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Technical Aid Corp. v. Tomaso
27 Fla. L. Weekly D1025 (Fla. 5th DCA May 10, 2002)
The court found that the arbitration clause could not be claimed by the newly formed company because it was neither a signatory nor intended third-party beneficiary. Rather, only the parties actually agreeing to the non-compete clause could arbitrate. Furthermore, in dicta, the court found that there was insufficient evidence to prove that the new company was an alter ego of the defendant. Therefore, the court found that, unlike the plaintiff, the newly formed company could not compel arbitration.
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