Florida District Courts of Appeal, 1986

Rothenberg v. Willis

Florida District Courts of Appeal · Decided February 25, 1986 · Bark, Dull, Jorgenson, Schwartz

483 So. 2d 821; 11 Fla. L. Weekly 510; 1986 Fla. App. LEXIS 6576 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

Affirmed.

Dissenting Opinion

JORGENSON, Judge,

dissenting.

I respectfully dissent.

The trial court should not have denied the appellants’ motion to compel arbitration as to three counts of the complaint without first hearing evidence on the issue of whether the subject matter of the three counts falls within the scope of the arbitration agreement. See Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Falowski, *822425 So.2d 129 (Fla. 4th DCA 1982); § 682.-03(1), Fla.Stat. (1983).

I would reverse for an evidentiary hearing on all the counts.

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