Cunningham v. Deuschle Construction Co.
Cunningham v. Deuschle Construction Co.
609 So. 2d 161; 1992 Fla. App. LEXIS 12712; 1992 WL 361311
(Southern Reporter, Second Series)
Cunningham v. Deuschle Construction Co.
Dissenting Opinion
dissenting.
By sworn affidavit, the appellant has created an issue of fact as to whether the arbitration provision of the parties’ contract was subsequently waived in writing. Accordingly, I would hold that the trial court erred in failing to conduct an eviden-tiary hearing on the arbitration issue in accord with our holding in Merrill Lynch Pierce Fenner & Smith, Inc. v. Melamed, 425 So.2d 127 (Fla. 4th DCA 1982), rev. denied, 433 So.2d 519 (Fla. 1983).
Opinion of the Court
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.