Florida District Courts of Appeal, 1986

Kessel v. Dugand

Kessel v. Dugand
Florida District Courts of Appeal · Decided January 29, 1986 · Glickstein, Hurley, Walden
481 So. 2d 1004; 11 Fla. L. Weekly 295; 1986 Fla. App. LEXIS 6069 (Southern Reporter, Second Series)

Kessel v. Dugand

Opinion of the Court

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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