Marshall, Amaya & Anton v. Arnold-Dobal

76 So. 3d 998, 2011 Fla. App. LEXIS 18989, 2011 WL 5964363

Opinions

PER CURIAM.

This is an appeal from an order denying appellants Marshall, Amaya & Anton, etc., et al.’s, motion to compel arbitration based on an arbitration clause contained in an Employment Agreement, the validity and enforceability of which the appellants simultaneously challenge. The case law supports the appellants’ argument that unless there is a challenge to the arbitration provision which is separate and distinct from any challenge to the underlying contract, the case should be submitted to arbitration. See Teledyne, Inc. v. Kone Corp., 892 F.2d 1404 (9th Cir.1990) (citing Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 895, 402-04, 87 S.Ct. 1801, 18 L.Ed.2d 1270 (1967)). We therefore reverse and remand with directions to order arbitration.

RAMIREZ and EMAS, JJ., concur.