C Squared v. Consol. Building Corp.

Full title: C SQUARED CONSTRUCTION, INC., a Florida corporation, Petitioner, v…

Court: District Court of Appeal of Florida, Third District

Date published: Nov 5, 2003

862 So. 2d 767 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 3D03-2785.

Opinion filed November 5, 2003. Rehearing Denied January 9, 2004.

A Case of Original Jurisdiction-Prohibition. Lower Tribunal No. 03-24029.

Smith, Currie Hancock, Brian A. Wolf and S. Elysha Luken, for petitioner.

Salas, Ede, Peterson Lage, L.L.C., Michael P. Peterson and Craig H. Temple, for respondent.

Before LEVY, GERSTEN, and GODERICH, JJ.

PER CURIAM.

We grant the petition for writ of prohibition finding that the trial court acted without jurisdiction by granting Consolidated Building Corporation's motion to enjoin the American Arbitration Association [AAA] from proceeding with the scheduled arbitration. See Boyhan v. Maguire, 693 So.2d 659 (Fla. 4th DCA 1997) (holding that AAA's decision to continue service of arbitrator is an interlocutory determination that may be addressed in a proceeding to vacate an award). Therefore, we grant the petition and quash the order granting Consolidated's motion for injunctive relief.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.