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Florida District Courts of Appeal, 1988

Suncrete Corp. v. Bomanite Corp.

Suncrete Corp. v. Bomanite Corp.
Florida District Courts of Appeal · Decided April 14, 1988 · Cobb, Dauksch, Sharp
522 So. 2d 1084; 1988 Fla. App. LEXIS 1461; 1988 WL 32061 (Southern Reporter, Second Series)

Suncrete Corp. v. Bomanite Corp.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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