Opinion
No. 5D06-524.
November 9, 2006.
Non Final Appeal from the Circuit Court for Hernando County, Richard Tombrink, Jr., Judge.
Jonathan D. Smith, Spring Hill, for Appellant.
Lynn Welter Sherman and J. Scott Slater of Hill, Ward Henderson, P.A., Tampa, for Appellee.
AFFIRMED. See Affinity Internet, Inc. v. Consol. Credit Counseling Servs., 920 So.2d 1286, 1289 (Fla. 4th DCA 2006) ("No evidentiary hearing was required because no factual issues were in dispute and the issue of whether a valid arbitration agreement existed was a matter of law."); Eugene W. Kelsey Son, Inc. v. Architectural Openings, Inc., 484 So.2d 610, 611 (Fla. 5th DCA 1986) ("Arbitration provisions from one contract cannot be extended to a separate contract between the same parties unless the parties expressly agree to do so.").
GRIFFIN, THOMPSON and ORFINGER, JJ., concur.