Opinion
No. 97-1432
Opinion filed July 22, 1998. JULY TERM, A.D. 1998
An appeal from the Circuit Court for Dade County, Ronald M. Friedman, Judge. L.T. No. 94-15166.
Grossman Roth, Miami; Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin Perwin and Joel S. Perwin, Miami, for appellant.
Wolpe Leibowitz and Bradley H. Trushin, Miami, for appellee.
Before COPE, FLETCHER, and SORONDO, JJ.
We concur with the trial court's denial of the plaintiff-appellant's motion to compel arbitration. As we view the matter, the result of the earlier declaratory judgment action was an order declaring defendant-appellee's previous demand for arbitration under section 766.106, Florida Statutes (1991), to be a nullity, and that order is now final. There is, therefore, no outstanding offer which plaintiff can now accept.
Affirmed.