Suncrete Corp. v. Bomanite Corp.

District Court of Appeal of Florida

Suncrete Corp. v. Bomanite Corp.

522 So. 2d 1084, 1988 Fla. App. LEXIS 1461, 1988 WL 32061

CourtDistrict Court of Appeal of Florida

DecidedApril 14, 1988

DocketNo. 87-1923

StatusPublished

This text of 522 So. 2d 1084 (Suncrete Corp. v. Bomanite Corp.) 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.

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Suncrete Corp. v. Bomanite Corp., 522 So. 2d 1084, 1988 Fla. App. LEXIS 1461, 1988 WL 32061 (Fla. Ct. App. 1988).

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Opinion

DAUKSCH, Judge.

This is an appeal from an order of dismissal. Fla.R.App.P. 9.130(a)(3)(C)(v). The trial court was correct in its determination that the Federal Arbitration Act is applicable and that arbitration should first be conducted. However, the proper procedure in this case is for the case to be stayed pending arbitration completion. 9 U.S.C. § 3 (1980); see Sam Reisfeld & Son Import Co. v. S.A. Eteco, 530 F.2d 679 (5th Cir. 1976); see also Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Melamed, 405 So.2d 790, 793 (Fla. 4th DCA 1981).

The order of dismissal is reversed for entry of a stay order.

REVERSED and REMANDED.

SHARP, C.J., and COBB, J., concur.

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DAUKSCH, Judge.

This is an appeal from an order of dismissal. Fla.R.App.P. 9.130(a)(3)(C)(v). The trial court was correct in its determination that the Federal Arbitration Act is applicable and that arbitration should first be conducted. However, the proper procedure in this case is for the case to be stayed pending arbitration completion. 9 U.S.C. § 3 (1980); see Sam Reisfeld & Son Import Co. v. S.A. Eteco, 530 F.2d 679 (5th Cir. 1976); see also Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Melamed, 405 So.2d 790, 793 (Fla. 4th DCA 1981).

The order of dismissal is reversed for entry of a stay order.

REVERSED and REMANDED.

SHARP, C.J., and COBB, J., concur.

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522 So. 2d 1084, 1988 Fla. App. LEXIS 1461, 1988 WL 32061, Counsel Stack Legal Research, https://law.counselstack.com/opinion/suncrete-corp-v-bomanite-corp-fladistctapp-1988.

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