Mel Smith, Inc. v. St. Catherine Laboure Manor, Inc.

Full title: MEL SMITH, INC., Appellant, v. ST. CATHERINE LABOURE MANOR, INC., Appellee

Court: District Court of Appeal of Florida, First District

Date published: Mar 9, 2000

752 So. 2d 1253 (Fla. Dist. Ct. App. 2000)

Opinion

No. 1D99-578.

Opinion filed March 9, 2000.

An appeal from the Circuit Court for Duval County, Bernard Nachman, Judge.

Kurt H. Dunkle and F. Eugene Atwood of Rogers, Towers, Bailey, Jones Gay, Jacksonville, for Appellant.

Fred J. Lotterhos III and Scott D. Makar of Holland Knight LLP, Jacksonville, for Appellee.

PER CURIAM.

This is an appeal of an order denying appellant's motion to stay arbitration. Initially, we deny appellee's motion to dismiss the appeal. The order was properly appealable as a non-final order because it determined appellee's entitlement to proceed with arbitration. See Fla.R.App.P. 9.130(a)(3)(C)(v).

On the merits, we agree that the trial court correctly decided that appellee did not waive its demand for arbitration.

AFFIRMED.

ERVIN, BOOTH and WOLF, JJ., CONCUR.