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Florida District Courts of Appeal, 1999

Allstate Insurance v. Gulf Diagnostics, Inc.

Allstate Insurance v. Gulf Diagnostics, Inc.
Florida District Courts of Appeal · Decided January 27, 1999 · Gross, Shahood, Stevenson
724 So. 2d 713; 1999 Fla. App. LEXIS 731; 1999 WL 31121 (Southern Reporter, Second Series)

Allstate Insurance v. Gulf Diagnostics, Inc.

Opinion of the Court

PER CURIAM.

We grant the petition for writ of certiorari, quash the decision of the circuit court affirming the county court’s order, and remand with directions to grant petitioner’s motion to compel arbitration. See Fortune Ins. Co. v. Everglades Diagnostics, Inc., 721 So.2d 384 (Fla. 4th DCA 1998).1

STEVENSON, SHAHOOD and GROSS, JJ., concur.

. Neither party raised any issue of constitutionality in the trial court, so we have no occasion to pass upon the validity of the arbitration provision in section 627.736, Florida Statutes (1997). See Sanford v. Rubin, 237 So.2d 134 (Fla. 1970); O'Brien v. Florida Birth-Related Neurological Injury Compensation Ass’n, 710 So.2d 51 (Fla. 4th DCA 1998).

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