Suncrete Corp. v. Bomanite Corp.

Full title: SUNCRETE CORPORATION, ETC., APPELLANT, v. BOMANITE CORPORATION, ET AL.…

Court: District Court of Appeal of Florida, Fifth District

Date published: Apr 14, 1988

522 So. 2d 1084 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-1923.

April 14, 1988.

Non-Final Appeal from the Circuit Court for Orange County; Frederick T. Pfeiffer, Judge.

Christopher J. Weiss of Maguire, Voorhis Wells, P.A., Orlando, for appellant.

Stacy K. Britton of Wallace F. Stalnaker, Jr., P.A., Casselberry, for appellees.

DAUKSCH, Judge.

This is an appeal from an order of dismissal. Fla.R.App.P. 9.130(a)(3)(C)(v). The trial court was correct in its determination that the Federal Arbitration Act is applicable and that arbitration should first be conducted. However, the proper procedure in this case is for the case to be stayed pending arbitration completion. 9 U.S.C. § 3 (1980); see Sam Reisfeld Son Import Co. v. S.A. Eteco, 530 F.2d 679 (5th Cir. 1976); see also Merrill Lynch, Pierce, Fenner Smith, Inc. v. Melamed, 405 So.2d 790, 793 (Fla. 4th DCA 1981).

The order of dismissal is reversed for entry of a stay order.

REVERSED and REMANDED.

SHARP, C.J., and COBB, J., concur.