Kessel v. Dugand

District Court of Appeal of Florida

Kessel v. Dugand

481 So. 2d 1004, 11 Fla. L. Weekly 295, 1986 Fla. App. LEXIS 6069

CourtDistrict Court of Appeal of Florida

DecidedJanuary 29, 1986

DocketNo. 85-827

StatusPublished

This text of 481 So. 2d 1004 (Kessel v. Dugand) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kessel v. Dugand, 481 So. 2d 1004, 11 Fla. L. Weekly 295, 1986 Fla. App. LEXIS 6069 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

Appellants’ non-final appeal, which we treat as a petition for certiorari, see Vic Potamkin Chevrolet, Inc. v. Bloom, 386 So.2d 286 (Fla. 3d DCA 1980); Lumbermen’s Mutual Casualty Co. v. Beaver, 355 So.2d 441 (Fla. 4th DCA 1978); see also Beemik Builders & Contractors, Inc. v. Huber Plumbing, Inc., 476 So.2d 780 (Fla. 4th DCA 1985), challenges the trial court’s refusal to compel arbitration of a punitive damage claim by reserving jurisdiction to decide that issue while referring the remainder of the related issues to arbitration. On the authority of Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Melamed, 453 So.2d 858 (Fla. 4th DCA 1984), aff'd, 476 So.2d 140 (Fla.1985), we grant the writ and quash the reservation of jurisdiction provision.

GLICKSTEIN, HURLEY and WALDEN, JJ., concur.

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PER CURIAM.

Appellants’ non-final appeal, which we treat as a petition for certiorari, see Vic Potamkin Chevrolet, Inc. v. Bloom, 386 So.2d 286 (Fla. 3d DCA 1980); Lumbermen’s Mutual Casualty Co. v. Beaver, 355 So.2d 441 (Fla. 4th DCA 1978); see also Beemik Builders & Contractors, Inc. v. Huber Plumbing, Inc., 476 So.2d 780 (Fla. 4th DCA 1985), challenges the trial court’s refusal to compel arbitration of a punitive damage claim by reserving jurisdiction to decide that issue while referring the remainder of the related issues to arbitration. On the authority of Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Melamed, 453 So.2d 858 (Fla. 4th DCA 1984), aff'd, 476 So.2d 140 (Fla.1985), we grant the writ and quash the reservation of jurisdiction provision.

GLICKSTEIN, HURLEY and WALDEN, JJ., concur.

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481 So. 2d 1004, 11 Fla. L. Weekly 295, 1986 Fla. App. LEXIS 6069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kessel-v-dugand-fladistctapp-1986.

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