Opinion
No. 88-1887.
November 29, 1988.
An Appeal from a non-final order of the Circuit Court for Dade County; Stuart M. Simons, Judge.
Bernard P. Goldfarb Assoc., Lawrence Daniels and Adam H. Lawrence, Miami, for appellant.
Canning Murray and C. Robert Murray, Jr., Miami, for appellee.
Before HUBBART, NESBITT and FERGUSON, JJ.
The appellee confesses error on the authority of Roe v. Amica Mut. Ins. Co., 533 So.2d 279 (Fla. 1988), decided after this appeal was filed. Roe disapproves of Berger v. Fireman's Fund Ins. Co., 515 So.2d 997 (Fla. 3d DCA 1987), invalidating an escape clause in an agreement to arbitrate, which was relied upon by the trial court.
Accordingly, the order dismissing the appellant's motion to compel arbitration is reversed and the cause is remanded for consistent proceedings.