Legal Question in Civil Litigation in Florida

My partner and I have been named in a suit, even though my spouse never had anything to do
(only involvement was for establishment of a LLC as limited partner, signed affavidit with State to have no active and advisory role in LLC) with a highly aggressive client seeks maximum investment and trading returns at any cost. Never notifed, they appear to delayed the short trial
(agreement only allows arbritration by the way) for 5 months into the future. I would like to push
for arbritration? Anything that would deny me arbritration that both clients expressly agreed to and signed the service agreement?
A friend told me to Motion of Summary Judgement to have my wife who had no role of any kind,
just innocent passive bystander, removed from the case. Any pearls of wisdom? I am told the plaintiff will probably fight it to increase pool of very limited assets to attach in the event they were successful (weak case, 99% of counts can be challenged).Thank you.
Not sure. However, likely filing for bankruptcy regardless of verdict (weak case for plaintiffs, enjoyed 100% gains twice in first half of 2008, then lost a good amount
with the crash due to aggressive investments and plaintiffs attempt to buy more at a short-term bottom to only loss more latter against my advice. Why would the adversary attorney delay with almost no likelihood of collecting anything?

Asked on 11/24/09, 12:50 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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You really to see a lawyer.

If you have answered the complaint, then you have waived the right to arbitrate. The demand for arbitration should have been made before an answer or anything substantive was done by you. Sounds like you have a good defense from what you say, but these issues can be complicated. See a lawyer.

Answered on 11/29/09, 1:06 pm

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