Opinion
No. 97-3492
Decision filed April 8, 1998 JANUARY TERM 1998
Appeal of a non-final order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Fred A. Hazouri, Judge; L.T. Case No. CL 95-1376 AO.
Walter C. Jones, IV of Walter C. Jones, IV, P.A., Palm Beach Gardens, for appellants.
Bradford J. Beilly of Beilly Pozzuoli, Fort Lauderdale, for Appellee-JPG Enterprises, Inc. d/b/a Majestic Custom Homes.
AFFIRMED.
GLICKSTEIN and GUNTHER, JJ., concur.
GROSS, J., specially concurs with opinion.
I concur in the affirmance. I do not read the trial court's September 5, 1997 order as precluding appellants from seeking relief for those defects not disposed of by the arbitrator. Another matter raised by appellants pertains to the nature of the relief granted by the arbitrator, an issue not covered by the order on appeal. That order does not pertain to the confirmation of an award under Chapter 682, Florida Statutes (1997); nor have appellants sought further arbitration to address the "resulting repairs" allowed by the arbitrator pursuant to the agreement.