Summary
In PaineWebber, Inc. v. Hess, 497 So.2d 1323 (Fla. 3d DCA 1986), we held that a dispute relating to a promissory note that does not contain a provision for arbitration should not be resolved by arbitration.
Summary of this case from McClure v. Painewebber, Inc.Opinion
No. 86-1519.
November 25, 1986.
An Appeal from a non-final order from the Circuit Court for Dade County; Allen Kornblum, Judge.
Ruden, Barnett, McClosky, Schuster Russell and Patricia E. Cowart, for appellant.
Anderson, Moss, Russo, Gievers Cohen and Karen A. Gievers, for appellee.
Before SCHWARTZ, C.J., and HENDRY and DANIEL S. PEARSON, JJ.
Having carefully considered the record prepared by the parties and the briefs and arguments on appeal, we conclude that the appellant has failed to demonstrate reversible error in the trial court's entry of the non-final order under review denying the appellant's motion to compel arbitration since substantial competent evidence in the record supports the trial court's finding that there was "no agreement to arbitrate disputes relating to the promissory note." See G N Construction Co. v. Kirpatovsky, 181 So.2d 664, 667 (Fla. 3d DCA 1966) (contracts providing for arbitration will be carefully construed so as not to force a party to submit to arbitration a question he did not intend to be so submitted).
Accordingly, the order under review is affirmed and the cause is remanded for further proceedings.