Florida District Courts of Appeal, 1992

Creamer v. Crane

Creamer v. Crane
Florida District Courts of Appeal · Decided December 9, 1992 · Anstead, Farmer, Letts
609 So. 2d 162; 1992 Fla. App. LEXIS 12711; 1992 WL 361322 (Southern Reporter, Second Series)

Creamer v. Crane

Opinion of the Court

PER CURIAM.

Reversed and remanded for an evidentia-ry hearing on the authority of Merrill Lynch Pierce Fenner & Smith, Inc. v. Melamed, 425 So.2d 127 (Fla. 4th DCA 1982), rev. denied, 433 So.2d 519 (Fla. 1983).

LETTS and FARMER, JJ., concur. ANSTEAD, J., concurring specially.

Concurring Opinion

ANSTEAD, Judge,

concurring specially.

Because I see no basis alleged in the record for compelling the appellants, who were not parties to the contract in dispute, to arbitrate their disputes with the appel-lees, I would reverse and remand with directions that the motion to compel arbitration be denied as to appellants. See Federated Title Insurers, Inc. v. Ward, 538 So.2d 890 (Fla. 4th DCA 1989).

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