Opinion
No. 98-2116
Opinion filed March 24, 1999 JANUARY TERM 1999
Appeal of a non-final order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jack H. Cook, Judge; L.T. No. CL 91-5608 AJ.
Lisa S. Small and Michael B. Small of Small Small, P.A., Palm Beach, for appellant.
Marshall J. Osofsky of Lewis, Vegosen, Rosenbach, Silber Dunkel, P.A., West Palm Beach, for appellees.
We affirm an order denying Appellant's motion to compel arbitration. We find no abuse of discretion in the trial court's conclusion that Appellant waived arbitration by pursuing the litigation in the trial court from the time its amended complaint seeking money damages was filed in January 1996, through its motion to compel arbitration filed in March 1998. In the interim, Appellant had obtained a default and default judgment, subsequently set aside, engaged in discovery, litigated the motion to vacate, responded to Appellees' discovery, and filed motions. See Owens Minor Med., Inc. v. Innovative Mktg. and Distribution Servs., Inc., 711 So.2d 176 (Fla. 4th DCA 1998); Bonner v. RCC Assocs., Inc., 679 So.2d 794 (Fla. 3d DCA 1996); Morex Consolidators Corp. v. Industry Shipping Commerce, Inc., 626 So.2d 989 (Fla. 3d DCA 1993); Hardin Int'l, Inc. v. Firepak, Inc., 567 So.2d 1019, 1020 (Fla. 3d DCA 1990).
STONE, C.J., WARNER and FARMER, JJ., concur.