Opinion
No. 89-0123.
November 1, 1989. Rehearing Denied December 1, 1989.
Appeal from the Circuit Court, Broward County, J. Leonard Fleet, J.
Brian D. Elias and Lloyd R. Schwed of Fowler, White, Burnett, Hurley, Banick Strickroot, P.A., Miami, for appellants.
Richard W. Epstein of Greenspoon Marder, P.A., Fort Lauderdale, for appellees.
We reverse the order of the trial court granting an injunction and remand. The order fails to specify adequate reasons for its entry. See Allegra Enterprises, Inc. v. Fairchild, 455 So.2d 1073 (Fla. 4th DCA 1984); Fla.R.Civ.P. 1.610(c). See also Seashore Club of Atlantic City, Inc. v. Tessler, 405 So.2d 767 (Fla. 4th DCA 1981). We do not address whether there is evidence to support the trial court's conclusion or the other issues raised on the merits.
DELL and STONE, JJ., concur.
ANSTEAD, J., dissents with opinion.
This is an arbitration case in which the trial court temporarily enjoined the New York Stock Exchange, Inc. from conducting arbitration proceedings against the appellee-lawyers because there was no valid agreement by the lawyers consenting to arbitration. Since there is competent, substantial evidence to support the trial court's conclusion, I would affirm the order. In an arbitration dispute I fail to see what more we can require of the trial court. Section 682.03(4), Florida Statutes (1987), specifically authorizes the action taken by the trial court:
(4) On application the court may stay an arbitration proceeding commenced or about to be commenced, if it shall find that no agreement or provision for arbitration subject to this law exists between the party making the application and the party causing the arbitration to be had. The court shall summarily hear and determine the issue of the making of the agreement or provision and, according to its determination, shall grant or deny the application.