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Florida District Courts of Appeal, 1988

Bardinella Designs, Inc. v. Spirit Construction, Inc.

Bardinella Designs, Inc. v. Spirit Construction, Inc.
Florida District Courts of Appeal · Decided April 20, 1988 · Downey, Gunther, Walden
524 So. 2d 703; 13 Fla. L. Weekly 968; 1988 Fla. App. LEXIS 1496; 1988 WL 34011 (Southern Reporter, Second Series)

Bardinella Designs, Inc. v. Spirit Construction, Inc.

Opinion of the Court

GUNTHER, Judge.

We reverse. The trial court erred in granting Spirit Construction, Inc.’s motion to dismiss and to compel arbitration. Compelling arbitration was improper since Bar-dinella Designs, Inc., sought a declaratory judgment that the contract was invalid and the validity of the contract had not yet been determined. Caltagirone v. School Board of Hernando County, 355 So.2d 873 (Fla. 2d DCA 1978); R.B.F. Management Company v. Sunshine Towers Apartment Residences Association, 352 So.2d 561 (Fla. 2d DCA 1977).

REVERSED AND REMANDED.

DOWNEY and WALDEN, JJ„ concur.

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